International merger control update: Australia waiver consultation, New Zealand overhaul, Uganda regime, China filing rules, and gun-jumping penalties (September 2025)
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Practice notes
This month, the Australian Government opened a formal consultation on the Exposure Draft of the Australian Competition and Consumer Commission’s mandatory notification waiver form, the New Zealand Government unveiled significant merger control reforms, and the Uganda Government issued the Competition Regulations 2025, creating a new merger control regime.
Australia—Treasury consults on Exposure Draft of ACCC mandatory notification waiver form
On 3 September 2025, the Treasury released an Exposure Draft Instrument that outlined the Australian Competition and Consumer Commission’s (ACCC) proposed mandatory notification waiver form.
Consultation on the draft ended on 16 September 2025.
Background
From 1 January 2026, mergers meeting the thresholds must be notified to the ACCC, except where an exemption is available.
Non-notification will make a transaction automatically void in law.
However, the ACCC will have power to grant waivers from notification, permitting some deals to proceed without completing the full notification process.
Waiver applications
Notification waivers are discretionary and offered when transactions are unlikely to raise competition issues needing additional investigation.
The application fee is AUD 8,300, compared with AUD 56,800 for a phase 1 merger review.
Waivers aim to accelerate clearance for simple transactions, cutting costs for businesses and releasing ACCC resources to address more complex...
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Web page updated on 21/05/2026
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