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Title page 1

Contents 3

Glossary 7

1. Overview 11

Key features of the merger control regime 12

2. Acquisitions required to be notified 16

Acquisitions that can fall within the scope of the merger control regime 17

Notification thresholds, specific targeted classes of acquisition and exemptions to notification 18

When an acquisition should be notified 19

Failure to notify 20

Failure to observe suspensory requirement 20

3. Notification waivers 22

How to apply for a waiver 22

The ACCC's process for considering waivers 23

The ACCC's decision on waiver applications 23

4. Pre-notification engagement 24

Benefits of pre-notification engagement 24

Commencing pre-notification engagement 25

What happens during the pre-notification engagement period 26

5. Notifying an acquisition 28

Who may notify? 28

How to lodge a notification 28

The notification forms 29

Fees 29

What happens after lodgement? 30

Effective notification date 30

Confidential assessments in limited circumstances 31

Other notification issues 32

Multi-jurisdictional mergers 32

Confidentiality waivers in multi-jurisdictional acquisitions 33

Foreign investment proposals 33

Goodwill protection provisions 34

Cumulative effects 35

6. Phase 1 36

Phase 1 timeline 36

Information gathering 37

From parties to the acquisition 37

From third parties 38

Engagement with the parties to the acquisition 39

Commitments or undertakings offered in Phase 1 39

Phase 1 determination - approving the notified acquisition 40

Decision to move to Phase 2 40

7. Phase 2 42

Phase 2 timeline 43

Information gathering 44

Notice of Competition Concerns 44

Responses to the Notice of Competition Concerns 45

Commitments or undertakings offered in Phase 2 46

Phase 2 determination 46

After a Phase 2 determination 47

8. Public benefit application 48

Lodging a public benefit application 49

The application form and fee 50

Effective application date 50

Information gathering 51

Public Benefit Assessment 51

Responses to the Public Benefit Assessment 52

Commitments or undertakings offered in Public Benefit Phase 52

Public benefit determination 53

After a public benefit determination 53

9. Remedies 54

Key types of remedies 54

Offering a remedy 55

When offers can be made and the impacts on the assessment timeline 55

How commitments or undertakings can be offered 56

ACCC's power to include conditions 57

ACCC's approach to remedies 58

ACCC'S process when remedy offer is received 58

Implementing a remedy 59

Monitoring and compliance of remedies 59

10. Timeline extensions and adjustments 61

Extensions to the timeline for remedies 62

Other extensions to the timeline 62

Request for extension by notifying party 62

Information not provided by specified date 63

Section 155 notice issued to a party to the acquisition 63

Other types of extensions 63

ACCC may cease or stop a review 64

Effect of stopping or ceasing a review 65

11. Providing complete, accurate and up to date information 66

Materially incomplete notifications or public benefit applications 69

False or misleading information 70

Providing additional information 71

Telling the ACCC about material changes of fact 72

12. Public and confidential information 74

The Acquisitions Register 74

Content of the Acquisitions Register 74

Confidential information 75

How to make a confidentiality claim 76

Disclosure of confidential information 77

13. Review of ACCC decisions and determinations 79

Tribunal review of ACCC determinations 79

Review of ACCC process-related decisions 80

Internal review of a decision by an ACCC senior executive 82

Tribunal review of ACCC process-related decisions 82

Judicial review 82

Judicial review of ACCC decisions or determinations 82

Review of Tribunal determinations 83

14. Acquisitions below the thresholds 84

Voluntary notification of acquisitions 84

Tables 67

Table 1/Table 4. Summary of potential outcomes for incomplete notifications, misleading or false information, or material changes of fact 67

Table 2/Table 5. Summary of potential outcomes for incomplete public benefit applications, misleading or false information, or material changes of fact 68

Table 3/Table 6. Overview of process-related decisions by the ACCC that may be subject to review 81

Figures 12

Figure 1. Key steps in the mandatory notification process 12

Figure 2. Overview of key timeframes and processes 15

Figure 3. When acquisitions are required to be notified to the ACCC 17

Figure 4. Key steps in a typical Phase 1 assessment 36

Figure 5. Key steps in typical Phase 2 assessment 42

Figure 6. Key steps in typical Public Benefit Phase 49

Figure 7. Timeframes apply for extensions relating to the offer of a commitment or undertaking 56