The Australian Retailers Association (ARA) and National Retail Association (NRA) have welcomed the Federal Government’s refinements to Australia’s upcoming merger control regime, including an important exemption for routine retail leases and other low-risk transactions.
The changes, announced today by Assistant Minister for Productivity, Competition, Charities and Treasury Dr Andrew Leigh MP, respond to industry feedback that called for the scheme design to remain proportionate, transparent, and risk-based, to reduce unnecessary regulatory burden without stifling competition.
“These refinements align with the feedback from our retail community and strike the right balance between effective merger oversight and practical, real-world application,” said ARA CEO Chris Rodwell.
“Through early and constructive engagement with Treasury, Government and the ACCC, we’ve advocated for a system that targets genuine competition risks without capturing routine retail activity such as lease renewals or small site expansions. It’s pleasing to see that reflected in today’s announcement.”
Prior to these refinements, even the purchase of a single fuel or convenience site, a transaction posing no material competition risk, could have triggered a mandatory notification and more than $50,000 in regulatory fees. The Government’s updated approach removes that unnecessary burden for low-risk transactions while preserving scrutiny where it matters most.
The Government also plans to make practical adjustments to the automatic voiding provisions under the new regime, ensuring the framework continues to deter anti-competitive behaviour without penalising good-faith businesses for minor or inadvertent breaches.
“This is a sensible, proportionate outcome that shows the Government has listened to industry,” Mr Rodwell said. “We’ll continue working with Treasury and the ACCC as subordinate legislation is finalised ahead of the regime’s commencement on 1 January 2026.”