The Competitive Edge Only Mergers in the Building: Charles Coorey, Andrew Low and Liana Witt on the ins and outs of the new merger process.
Aug 11, 2025
Join Charles Coorey, Liana Witt, and Andrew Low from Gilbert & Tobin as they unravel the intricacies of Australia's new merger review process. They dive into the essential details about filing fees, notification complexities, and how to effectively engage with the ACCC. Discover who gets to notify during competitive bidding and the nuances of confidentiality amid regulatory transparency. This insightful discussion also highlights the importance of timing, documentation, and navigating compliance to ensure successful mergers in a changing landscape.
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Consider Waivers For Low-Risk Filings
- Apply for a notification waiver to avoid large fees for technical or non-problematic transactions.
- Use a waiver when certainty is worth the $8,300 filing-waiver cost.
Waivers Won't Be Decided In Secret
- The ACCC will not make waiver determinations confidentially and will expose its thinking to public comment.
- Expect transparency to create precedent but also disclosure trade-offs.
Use Pre-Lodgement To Protect Confidentiality
- Hold confidential pre-lodgement discussions with the ACCC to manage sensitive information before formal filing.
- Trade off a bit more time for the benefit of private engagement.