RBB expands Sydney office as ACCC signals more demand for economics

In January 2026, Australia will shift from a voluntary, informal model of merger control to a mandatory administrative regime.  Moreover, acquisitions will be assessed against a new and expanded 'substantial lessening of competition test' which will consider the extent to which the proposed transaction “creates, strengthens or entrenches a substantial degree of power in the market”.  New thresholds have also been set which will allow the ACCC to capture so-called serial acquisitions.

The ACCC has explained that it will utilise a risk-based approach to prioritise its resources to those acquisitions that are most likely to harm the community, which will be underpinned by enhanced economic analysis supported by data at each stage of a merger review.  Importantly, the ACCC will publish new analytical and process guidelines for business, the community and interested stakeholders and will launch a consultation process by the end of March 2025. 

Our experts in Australia are well placed to help merger parties and the ACCC calibrate the use of economics in all phases of the new merger control process.  Our Melbourne office enjoys its 16th year in operation, while our Sydney office will celebrate its second birthday by moving to a larger office to accommodate its growth.  We are also able to draw on RBB’s global expertise assisting merger parties and competition authorities in enforcement model regimes. 

RBB’s Managing Partner Adrian MajumdarAdrian MajumdarManaging Partner says: "This has been a strong year for our Australian practice.  Our case work included successful outcomes in several high-profile mergers, including two 2-1 mergers in the cash-in transit industry in Australia and in New Zealand, as well as providing expert testimony for Apple in its litigation with Epic.  We’re looking forward to meeting the growing demand for economics that is predicted to arise from the reforms to the merger process.”

For more information about our Melbourne and Sydney offices please contact George SiolisGeorge SiolisPartner, Chris HartChris HartPrincipal and Chris WhelanChris WhelanPrincipal.