Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Pursuant to Sectiion 87B of the CCA, the ACCC may subject a merger authorization to the performance of certain conditions and commitments by the parties to the merger. 

Under the newly introduced section 81B of the CCA, the Federal Court is empowered to issue orders requiring the divestiture of acquired assets or to declare an acquisition void ab initio. Specifically, the Court may make such orde …

Conditions and commitments - Divestiture

Pursuant to Sectiion 87B of the CCA, the ACCC may subject a merger authorization to the performance of certain conditions and commitments by the parties to the merger. 

Under the newly introduced section 81B of the CCA, the Federal Court is empowered to issue orders requiring the divestiture of acquired assets or to declare an acquisition void ab initio. Specifically, the Court may make such orders upon application by the ACCC if it is satisfied that the following conditions are met: 

(1) the notifying party or a related body corporate acquired an asset, interest, or other thing in connection with the acquisition; 

(2) the Commission made a positive acquisition determination in relation to the notified acquisition; 

(3) in the absence of such a determination, the acquisition would have contravened the mandatory notification and standstill obligations (see Division 1A of Part IV of the CCA); 

(4) the determination was made on the basis of information provided by the notifying party or a related body corporate that was false or misleading in a material respect; 

(5) such information was material to the Commission’s decision; and

(6) the provider of the information has been found, either by the Federal Court or another competent court, to have contravened the law in providing false or misleading information. 

Where these elements are established, the court may issue an order for divestiture or declare the acquisition void from the date it was effected. 

Provision of false or misleading information in relation to authorization is punished by a fine of up to A$ 33,000 (US$ 25,089) for a corporation and A$ 6,600 (US$ 5,017) for an individual (Section 76). 

Even more significant are the penalties imposed for completing a notifiable merger without first obtaining clearance from the ACCC or for proceeding with a transaction that the ACCC has prohibited. As of 1 January 2026, such conduct may result in corporate penalties of up to A$50 million, or alternatively, three times the value of any benefit gained from the merger, or 30% of the company’s annual turnover, whichever amount is highest. 

Individuals involved may also face fines of up to A$2.5 million. These sanctions are part of a broader framework that requires mandatory notification and prohibits implementation before clearance, reinforcing the importance of early and transparent engagement with the ACCC. 

Global Competition Law

819. Conditions and commitments - Divestiture

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

819. Conditions and commitments - Divestiture

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise