The Albanese Labor Government has today released a consultation paper on proposed cost recovery fees under the new merger system - as part of the biggest reforms to Australia's merger system in 50 years.
This reform will make our merger approval system faster, simpler, more targeted and more transparent.
Under the new merger system, a mandatory notification system will apply for mergers above certain thresholds, with the Australian Competition and Consumer Commission (ACCC) to be the decision maker on approvals.
The new system will make it easier for most mergers to be approved quickly, so the ACCC can focus its resources on the minority that could pose a threat to competition.
This change recognises that most mergers have genuine economic benefits and are an important feature of any healthy, open financial system.
It also acknowledges the risk of a small portion of mergers to cause serious harm to consumers and the wider economy if they were allowed to proceed without scrutiny.
The new merger system will come into effect from 1 January 2026, with businesses able to make voluntary notifications under the new regime from 1 July 2025.
Merger reviews under the new system will be cost‑recovered.
The fees have been calibrated to reflect the resources the ACCC needs to efficiently carry out an assessment, with the vast majority of mergers expected to be subject to low fees consistent with comparable jurisdictions.
Currently, the cost incurred by the ACCC is funded by taxpayers rather than merger parties.
The new merger system will embed cost recovery principles, meaning businesses that propose potentially risky mergers for assessment bear the cost they impose on the community to assess that risk, rather than taxpayers.
The fees will also ensure the ACCC is appropriately resourced to undertake its expert role and can efficiently administer the new system.
An exemption from the fees will be available for acquisitions undertaken by small businesses so that fees are not a disproportionate burden for those businesses.
Consultation is available on the Treasury consultation hub, with submissions on the proposed merger fees open until 18 June 2025.
