M&A Deal Reporting Is Changing in 2026. What Businesses Need to Know
If your business is considering a merger, acquisition, or restructure in 2026, there is an important change to be aware of.
From 1 January 2026, Australia introduced a new merger notification regime. The ACCC now requires certain transactions to be notified and reviewed before they can proceed.
This change affects how deals are planned, timed, and documented, particularly for businesses operating in competitive or concentrated markets. For many, it brings commercial lawyers into the conversation earlier than they may be used to.
For those wanting to read the regulator’s guidance directly, the ACCC has published detailed information on the new regime here
What has changed
Under the new regime, some mergers and acquisitions must be notified to the ACCC before completion.
Previously, notification was largely voluntary. Businesses often decided whether to approach the ACCC unless competition risks were obvious. That discretion no longer applies where the new thresholds are met.
If notification is required, the transaction cannot complete until the ACCC review finishes. That review period now needs to be treated as a core part of deal planning, not a contingency.
This is where early advice from an experienced commercial law team can make a practical difference.
Which transactions may be caught
The rules focus on transactions that could reduce competition in a meaningful way.
This can include:
acquisitions of competitors
purchases of businesses operating in closely related markets
repeat acquisitions by the same buyer
transactions involving businesses with strong market positions
These rules do not only affect large corporations. Mid sized businesses and growing enterprises can fall within scope, especially in niche, regional, or tightly held markets.
A deal that looks commercially straightforward can still raise competition questions. This is often the point where businesses benefit from a business and commercial law review before progressing too far.
Impact on timing and deal planning
Timing is one of the most noticeable changes.
Where notification is required, completion must wait for the ACCC review. That affects:
transaction timelines
funding and settlement planning
internal integration schedules
Deals that previously moved quickly may now require more lead time and clearer sequencing. Building this into heads of agreement and sale contracts early avoids pressure later.
A commercial lawyer can help structure timelines and conditions so expectations stay realistic on both sides.
Changes to negotiation dynamics
The new reporting regime is also influencing negotiations.
Sale agreements increasingly deal with:
who is responsible for regulatory approval
how long parties are willing to wait
what happens if approval is delayed or refused
whether price adjustments or termination rights apply
These are commercial risk questions, not legal technicalities left for the end.
Why early review matters
One of the biggest risks under the new regime is assuming notification is not required.
That assumption can lead to:
delays late in the transaction
increased regulatory attention
penalties for non compliance
Businesses that involve commercial law experts early tend to have more control over timing, documentation, and outcomes.
Practical steps before starting a deal
Before committing to a transaction in 2026, it is worth checking:
whether the transaction may fall within the new ACCC thresholds
how competitive the relevant market is
whether similar deals have attracted scrutiny
whether the proposed timeline allows for regulatory review
These checks usually prevent disruption later.
What this signals for future transactions
Australia is moving toward a more structured approach to merger regulation.
For many businesses, ACCC notification will become another standard part of transaction planning, alongside due diligence, finance approval, and contractual risk allocation.
Having a trusted business and commercial law advisor involved early helps ensure these requirements support the deal rather than interrupt it.
Transactions rely on clarity and momentum.
Understanding the new deal reporting requirements early allows businesses to move forward with fewer surprises and stronger negotiating positions.
If a merger, acquisition, or restructure is on your radar this year, it may be worth speaking with a commercial lawyer before negotiations progress too far.
You can learn more about how we support businesses with transactions and regulatory risk here
If you would like to sense check a proposed deal or timeline, you can also contact us or book a free 15-minute consultation to talk it through.
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