Draft merger process guidelines
Submission Date: 2 May 2025
The Competition and Consumer Law Committee (Committee) of the Business LawSection of the Law Council of Australia welcomes the opportunity to make asubmission to the Australian Competition and Consumer Commission (ACCC) on its draft merger process guidelines (the Process Guidelines).
The Committee generally welcomes the ACCC providing visibility of its proposed approach to the new merger process. We also acknowledge the difficulty inherent in anticipating how an entirely new process will operate, and we accept that a degree of ‘learning by doing’ will be necessary for the ACCC, merger parties and their advisers.
The Committee none the less encourages the ACCC to provide the maximum level oftransparency it can—even if this involves a degree of bravery at this early point in the process and accepting that this may mean that changes are needed or refinements need to made over time. The comments and suggestions in this submission are, for the most part, not critical of specific process guidance but relate instead to areas where merger parties and advisers would benefit from more concrete insights into how the ACCC sees the new process working (even if this is subject to later adjustment or change, as everyone learns).
Last Updated on 05/05/2025
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