Guidelines and interim forms for merger and non-merger authorisations

Overview

Significant reforms to the authorisation and notification provisions of the Competition and Consumer Act 2010 (CCA) came into effect on 6 November.

Under these reforms the:

• ACCC is the first instance decision maker on applications for merger authorisation
• authorisation test for mergers and the test for other conduct that may substantially lessen competition have been amended
• ACCC approves the form of the application and notifications.

We have prepared guidelines to help businesses and their advisers understand the new provisions relating to merger and non-merger authorisations and how the ACCC proposes to assess applications for authorisation under the new tests. Interim forms have been developed for applications and notifications made under the new provisions.

Where possible the guidelines provide guidance regarding the processes that the ACCC will apply in relation to the new provisions. However, it is expected that there will be a period of transition implementing the new provisions where the details regarding the processes will remain flexible and may need to change over time once the first applications under the new provisions are considered.

Why We Are Consulting

We invite feedback from interested parties on:

• the guidelines and
• interim forms for lodging an application for authorisation for merger and non-merger conduct (please note forms for applications for revocation and substitution, minor variation, and revocation will follow a similar format).

Your feedback will help to inform us regarding the need for any further changes to these documents following the consultation period.

How to Make a Submission

Interested parties can email their submission to guidelines@accc.gov.au or upload their submission, preferably in PDF format. Please include your name, organisation and contact details when making a submission.

Submissions are due by 5pm, 1 December 2017.