Significant recalibration to notification thresholds in Australia’s merger control reforms

Alex Clarke and Nina Batra of Clayton Utz explain that, in response to concerns raised by stakeholders in the insolvency community, Treasury has materially widened the insolvency carve-out in Australia’s new mandatory merger regime by extending notification exemptions beyond traditional administrators, receivers and liquidators to cover a broader range of court- or statute-appointed controllers managing businesses in financial distress, reducing filing risk, cost and delay in insolvency and crisis-driven sales processes from 1 January 2026.

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