Restructuring transactions captured by new ACCC merger regime

Richard Fisher AM, Michael Sloan, Alinta Kemeny, Sarah Worrall, Emanuel Poulos, Tihana Zuk, John McKellar, Tom Carr, Peter Tryfonopoulos and Annalisa Heger of Ashurst explain that Australia’s new mandatory and suspensory merger control regime taking effect on 1 January 2026 will extend ACCC oversight to distressed-deal staples such as loan to own strategies, credit bids, pre-packs and debt for equity swaps, creating significant timing, cost and approval challenges for private capital and secured creditors involved in restructurings.

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