ACCC merger clearance is competition approval for an acquisition under Australia’s merger control regime. Since January 2026, acquisitions that meet the notification requirements generally need approval or a notification waiver before they can proceed.
The sale price alone does not answer whether your transaction needs notification. The parties, revenue, acquisition history, assets and applicable exemptions can also matter.
Can it affect the sale of a smaller business?
Yes. A smaller target can be acquired by a much larger group. The ACCC’s small business guidance explains the relevance of the acquirer’s position and the notification thresholds.
Ask the buyer to identify its acquiring group and the basis for its assessment. Check the ACCC’s current thresholds and exemptions, including requirements relevant to repeated acquisitions. Do not rely on a threshold remembered from a previous deal.
What should the sale agreement address?
- Whether clearance is a condition of completion.
- Who prepares the notification and supplies the necessary information.
- How the parties cooperate and respond to requests.
- What happens if approval is delayed, refused or subject to conditions.
- Whether the longstop date fits the approval process.
These points can affect the seller even where the buyer manages the notification.
How does it affect timing?
The ACCC uses a staged assessment process, and timelines can be extended. Build the transaction timetable around the actual approval route rather than assuming a standard clearance period. See the ACCC’s assessment process and timelines.
Competition approval and foreign investment approval are separate questions. Identify both early enough to reflect them in the agreement and completion plan.