Corporate Mergers, Acquisitions Etc and Restructuring – Need to Notify ACCC

Michael Murray of Murrays Legal argues that requiring restructurings to notify the ACCC under Australia’s new merger laws exposes a fundamental tension between insolvency law’s narrow, creditor-focused rescue mandate and competition law’s broader market objectives, warning that while unmodified ACCC timing risks undermining voluntary administrations, there is a credible case for limited market scrutiny of certain restructurings that may distort competition.

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