Merger Reforms in Australia in the Age of Artificial Intelligence!
Recent merger reforms will overhaul Australia’s voluntary disclosure regime in the AI Age:
A new regime will commence from 1 January 2026, together with increased penalties.
Mandatory notification to the ACCC will be based on three proposed thresholds.
‘Risk-based’ assessments will control mergers with the potential to cause harm.
The ACCC will focus on ‘serial acquisitions’ - specifically those by technology and AI companies and platforms.
The ‘serial acquisition’ provisions are yet to be tested in Australia by the either the ACCC or in the courts.
The regulation of AI is a fast-moving field. Australia’s new merger laws are just one component of the effective regulation of the competitive landscape and the protection of human dignity.
Further detailed analysis is provided in my recent article in the European Competition Law Review:
Merger Reforms in Australia in the Age of Artificial Intelligence (2025) 46 E.C.L.R 188
Please contact me for further information about the article or advice and training regarding the new merger laws and AI regulation.
Dr Nigel Wilson, Director, Australis Chambers
Dr Nigel Wilson is an Australian commercial lawyer and technology regulatory specialist with over thirty years’ experience.
In 2024 he was a finalist in the inaugural Australian AI Awards in three categories – AI Leader of the Year - SME, AI Consultant of the Year - SME and AI Academic/ Researcher of the Year.
Nigel also has over thirty years’ experience as a professional workplace trainer and educator for corporations and boards, governments, legal practices, not-for-profits and national judicial colleges.
He is the author of the international, multi-award-winning book Teaching Professionals - Revised AI Edition!
Dr Nigel Wilson, Australis Chambers
LLB (Hons), BEc, BCL Oxford, Cybersecurity Harvard, PhD
wilson@australischambers.com www.australischambers.com 0413 807 585
Liability limited by a scheme approved under the Professional Standards Legislation