Interaction of ACCC approval on M&A transactions

The tax implications of transactions that involve ACCC approval can be complex and the downside risk for shareholders can be material, as detailed by Stacey Hannam, Mark Taylor, Kate Kneen and Ceithleann Ni Chonluain.

The number of merger and acquisition (M&A) transactions that will require approval from Australia's competition watchdog – the Australian Competition and Consumer Commission (ACCC) – is set to increase. This follows the Australian Government's plan to grant the ACCC far stronger powers with respect to its incoming merger clearance regime, which will come into effect from 1 January 2026. ACCC approval conditions in share purchase agreements (SPAs) give rise to some interestin...

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Authors: Stacey Hannam, Mark Taylor,

Published Date: 15 October 2024