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Articles by Mihkel Wilding
ACCC merger clearance reforms: How does the transition period affect your deal?
From 1 January 2026, merger parties that trigger defined thresholds must notify the ACCC and obtain clearance prior to completion, or substantial penalties will apply. The final thresholds have not yet been released, however we have summarised the Government's intended thresholds here.
Additional scrutiny of restraints in sale agreements under the new mandatory merger regime
The ACCC will be carefully reviewing goodwill protection restraints in sale contracts of all notified mergers, and may take enforcement action where… Please login or register to continue reading. Register
Don't risk re-notification: ACCC Encourages Merger Parties to notify under New Mandatory Merger Regime from 1 July 2025
The ACCC has foreshadowed in its transitional guidelines released today risks that proposed acquisitions may not be cleared if filed with the ACCC late this year, and encourages businesses to notify under the new merger regime under the transitional arrangements commencing from 1 July 2025. Parties to an acquisition that is not cleared or not opposed by the end of the year may need to re-notify, incurring additional time and costs and putting time sensitive transactions at risk.
Cost of living pressures, digital transformation and merger reforms: a busy year ahead for ACCC
ACCC Chair Gina Cass-Gottlieb yesterday announced the ACCC’s compliance and enforcement priorities for 2025-26. The key focus was on sectors and conduct which have significant impact on cost of living and the cost of doing business, with the link between informed consumers and robust competition clearer than ever.
Consultation begins on new mandatory ACCC merger notification thresholds
As Australia moves to reform merger laws to introduce a mandatory and suspensory notification regime, significant interest has surrounded the thresholds that would be used to trigger mandatory notification to the Australian Competition and Consumer Commission (ACCC). Treasury has released a consultation paper on the Government’s proposed mandatory notification thresholds.
Government releases exposure draft legislation on merger reforms, with impact on future acquisition strategy
The Albanese Government has today released draft legislation to effect its ambitious proposals to introduce a mandatory merger control regime. The draft laws provide a better understanding of what the process and timeline will look like for merger parties, but key questions remain. Notably – the thresholds that will trigger a notification obligation are not yet set and will be the subject of further consultation later this year.
Competition law “not an immovable obstacle” in the move toward a sustainable economy
ACCC signals support for sustainability collaborations with draft cooperation guidelines – and the need to review your own internal controls to prevent collusion and cartels. The ACCC has recently published much anticipated consultation draft guidelines to help businesses navigate competition law risks when collaborating over environmental and sustainability initiatives.
Faster, stronger and simpler? Ambitious changes to Australia's merger control regime announced by Treasury
According to Treasurer Jim Chalmers, Australian merger control will be "faster and stronger and simpler" from 1 January 2026 when fundamental changes to introduce a mandatory, suspensory administrative regime are due to come into effect. Announcing the change this morning, he confirmed that all deals falling above certain (yet to be defined) thresholds will require notification to and approval from the ACCC prior to completion. The agenda is clearly ambitious and promises a lot.
ACCC's greenwashing deterrents: eight steps to ensure your hands stay clean
The ACCC's much-anticipated guidance will aid businesses in making meaningful environmental claims that consumers and stakeholders can understand and trust. The ACCC has issued its framework for assessing the accuracy and transparency of environmental claims by publishing its final greenwashing guidance. The guidance outlines eight principles that the serve as a benchmark for good practice and aim to educate businesses about their responsibilities under the Australian Consumer Law (ACL).
Treasury publishes consultation paper on proposed merger reforms
22 Nov 2023 Time to read: 6 MIN Whether implemented in whole or part, the reform options outlined by Treasury are significant and set to have wide-ranging effects on the factors that deal teams and their advisers will need to take into account as part of any domestic or international cross-border merger involving a business with Australian operations or interests.
Treasury publishes consultation paper on proposed merger reforms
Whether implemented in whole or part, the reform options outlined by Treasury are significant and set to have wide-ranging effects on the factors that deal teams and their advisers will need to take into account as part of any domestic or international cross-border merger involving a business with Australian operations or interests. Treasury has released a consultation paper on the ACCC's proposed merger reforms released earlier this year in April, and called for input by 19 January 2024.
Widening the net: ACCC's ambitious merger clearance threshold proposal
24 Jul 2023 Time to read: 4 MIN The ACCC has concerns about the current merger clearance process, and proposed changes, but it's unclear which (if any) will be acted upon by the Government. There are recent reports that the ACCC has proposed to the Federal Government that Australia's new mandatory merger notification regime should be broadly designed to catch a large number of transactions.
Widening the net: ACCC's ambitious merger clearance threshold proposal
The ACCC has concerns about the current merger clearance process, and proposed changes, but it's unclear which (if any) will be acted upon by the Government. There are recent reports that the ACCC has proposed to the Federal Government that Australia's new mandatory merger notification regime should be broadly designed to catch a large number of transactions.
Fair warning: Federal Government consults on proposed law to ban "unfair trading practices"
07 Sep 2023 Time to read: 5 MIN Businesses should start considering how changes in this area may affect them in order to consider if they wish to make a submission on the unfair trading practices consultation paper by 29 November 2023. Australian Treasury has progressed the debate on a law against unfair trading practices by inviting submissions on a consultation paper published last week.
Mercedes-Benz defeats dealers in landmark agency model case
07 Sep 2023 Time to read: 6 MIN The long-awaited judgment of the Mercedes-Benz agency model case was handed down by Justice Beach last week, finding comprehensively against the dealers and setting an important precedent for OEMs nationwide when considering strategies for making changes to automotive franchise arrangements or the structures of dealer networks more broadly.
Buy Now, Pay Later to be regulated in Australia - plan now for the upcoming changes
23 May 2023 Time to read: 1 MIN BNPL providers should start identifying key areas of potential impact for their business, particularly with respect to responsible lending practices. Australia's Buy Now, Pay Later (BNPL) industry will soon be regulated under the National Consumer Credit Protection Act 2009 (Cth) (Credit Act). Industry should begin preparing for the changes but will have a further opportunity to comment on the final form of the legislation.
Buy Now, Pay Later to be regulated in Australia - plan now for the upcoming changes
BNPL providers should start identifying key areas of potential impact for their business, particularly with respect to responsible lending practices. Australia's Buy Now, Pay Later (BNPL) industry will soon be regulated under the National Consumer Credit Protection Act 2009 (Cth) (Credit Act). Industry should begin preparing for the changes but will have a further opportunity to comment on the final form of the legislation.
Merger reform, unfair trading laws, and anticompetitive sustainability initiatives firmly in the ACCC's sights
A speech given by Chair Gina Cass-Gottlieb unveiled a bold reform agenda and sustainability enforcement priorities. The Chair of the Australian Competition and Consumer Commission (ACCC), Gina Cass-Gottlieb, has, for the first time as Chair, confirmed that the ACCC continues to advocate for significant reforms to Australia's merger control regime first proposed by former Chair Rod Sims in 2021.
Cost of living, unfair practices and anti-competitive conduct as key ACCC compliance and enforcement priorities for 2023
At her first annual address at the helm of the Australian Competition and Consumer Commission, Gina Cass-Gottlieb outlined the agency's compliance and enforcement priorities for 2023/24.
ACCC flags tougher standards for environmental claims in upcoming greenwashing sweep
The ACCC’s upcoming sweep of environmental claims will potentially catch out many businesses. Australian businesses should be reviewing their environmental claims in readiness for an upcoming sweep by the Australian Competition and Consumer Commission (ACCC) to identify misleading and deceptive environmental claims.
Rod Sims' curtain call but the show goes on with announcement of ACCC 2022 enforcement priorities
In his eleventh and final speech to the Committee for Economic Development Australia (CEDA) on 3 March 2022, outgoing ACCC Chairman Rod Sims outlined the ACCC's areas of particular focus for the year ahead and also fired a warning shot to repeat offenders in the telecommunications and energy sectors. Those that are in the cross-hairs of the regulator for the coming year include: essential service providers; digital platforms; and payment services.
Radical changes proposed to re-engineer Australian merger clearance process
The Australian Competition and Consumer Commission (ACCC), concerned about increased market power and concentration in industry in Australia, is proposing a radical overhaul to enhance the ACCC's ability to prevent consolidation. First, the ACCC wants a mandatory filing regime of all proposed merger or acquisition transactions above a yet to be defined threshold.
Multi-jurisdictional joint statement on merger control: an inflection point in merger clearances? | Lexology
A joint statement by the Australian, UK and German competition regulators signals a clear step change among enforcers to block more mergers where anticompetitive impacts are uncertain, particularly in dynamic markets such as the digital economy.
Location, location, location: ACCC sues Google over collection and use of users' location data | Lexology
Australia
November 14 2019 Businesses that actively or passively collect customers' personal data including location data should review their data practices and the adequacy of their disclosure and consent requirements following the ACCC's recently commenced litigation against Google, say Mihkel Wilding and Dylan Barber.
ACCC seeks views on issues raised in Digital Platforms Inquiry Preliminary Report | Lexology
Regulatory reform is necessary to monitor, and if necessary, correct the market power of organisations like Google and Facebook. That's the key finding in the ACCC's Digital Platforms Inquiry Preliminary Report, released on 10 December 2018 as the results of 12 months of investigation.
Higher fines for competition law breaches, and more unlawful behaviour captured by Australia's cartel laws | Lexology
Multinationals and corporate groups found to engage in cartel conduct face higher penalties in Australia following a landmark decision of the Full Federal Court increasing a penalty for anti-competitive cartel conduct in relation to automotive wire harnesses by 485%, from AU$9.5 million at first instance to AU$46 million on appeal. This is the highest fine imposed for any breach of Australia's competition laws (the previous record was AU$36 million).
Online distributors selling into Australia can be caught by the Australian Consumer Law, Court confirms
A foreign company operating mainly outside Australia can be engaging in conduct in Australia or carrying on business in Australia, and the Australian Consumer Law can apply to its activities with Australian consumers. Many international businesses might be based in one jurisdiction, but sell all over the world. At what point do they become liable to comply with overseas consumer law?
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