Tuesday, 24 March 2026
Chair
Shaun Berg, Barrister, Nigel Bowen Chambers
Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on SA legislation
Merger Makeover: A New Mandatory and Suspensory Regime
In late 2024, the Commonwealth Government passed significant reforms to Australia's merger control regime. The reforms are extensive and mark the most significant change to Australia's merger laws in 50 years. The core feature of the reforms is the replacement of the existing voluntary and informal regime with a mandatory and suspensory merger control regime. From 1 January 2026, it will be compulsory for businesses to notify the ACCC of acquisitions that meet specific monetary thresholds before the notified acquisition is put into effect. Businesses who intend to make acquisitions in 2026 should be aware of the new regime to ensure compliance (and to avoid significant penalties)
Key topics include:
- How the new mandatory ACCC merger clearance regime compares to the old regime
- Acquisitions captured by the Reforms
- New notification thresholds;
- New ACCC review timelines;
- Changes to the substantial lessening of competition’ test (SLC test);
- Exemptions and potential waivers;
- Penalties for non-compliance; and
- Practical guidance for legal advisers navigating the transition.
Presented by Caitlin Surman, Special Counsel, HWL Ebsworth Lawyers
Presenters
Shaun Berg, Barrister, Nigel Bowen ChambersShaun practises in all areas of intellectual property matters including in the field of biotechnology, pharmaceutical and software development. He also has a strong understanding of issues arising in research funding, research ethics, research integrity, conflicts of interest, privacy, and freedom of information. Admitted to the bar in 2024, Shaun holds a Master of Science, Bachelor of Laws (Hons.) and Bachelor of Commerce. He is currently undertaking a Doctorate in Law at University of Technology, Sydney. Shaun has significant experience in intellectual property transactions and dispute resolution. He was the principal negotiator for FDA approved drugs into the US market, specifically for Hunter Disease (non-CNS) and Maroteaux-Lamy Syndrome. Shaun has appeared as junior counsel in the High Court, as counsel in the Supreme Court and all higher jurisdictions. Shaun also has a deep interest and understanding in Cultural Knowledge matters. Shaun was also principal negotiator for the Ngarrindjeri Nation for treaty negotiations in South Australia. In over 25 years of legal practice Shaun has been involved in a myriad of commercial disputes. These include relating to property issues, contract disputes, and business conduct. Shaun was the editor of the book titled: Coming to Terms. He has authored numerous papers and other publications and is a recent recipient of the Eric Anderson Award for best article relating to Environmental Management.
Caitlin Surman, Special Counsel, HWL Ebsworth Lawyers
Caitlin practises in the commercial litigation team at HWL Ebsworth Lawyers with a focus on competition and consumer protection law, regulatory and governance investigations and enforcement actions, privacy, intellectual property law and brand protection, media entertainment law and contractual disputes. Caitlin has assisted clients in proceedings and regulatory investigations throughout Australia. Caitlin has assisted clients in the defence and/or prosecution of IP infringement proceedings (including copyright and trademark infringement), proceedings for defamation, proceedings for breach of directors’ duties and whistleblower claims. Caitlin provides advice and assistance to clients who are the subject of regulatory investigations and proceedings, including the ACCC, the ASIC and state-based authorities (such as CBS). Caitlin has provided advice and assistance in relation to a range of matters under the Competition and Consumer Act (including the Australian Consumer Law), including advice in relation to advertising ACCC cartel investigations, merger clearances and non-merger conduct authorisations. Caitlin also provides advice in relation to a range of privacy and spam related issues, and consumer law issues affecting marketing and promotional materials. In January 2020, Caitlin was recognised as a key lawyer and Rising Star in Media & Entertainment by the Legal 500. In May 2021, Caitlin was recognised by Doyle’s Guide as a Rising Star in Intellectual Property, Technology, Media and Telecommunications Law nationally. In May 2022, Caitlin was named in the South Australian list of Rising Stars in Intellectual Property & TMT by Doyle’s Guide. In May 2023 and May 2024, Caitlin was recognised in Doyle’s Guide as a recommended intellectual property and TMT lawyer in the South Australia. In April 2024 and April 2025, Caitlin was named by Best Lawyers as ‘One to Watch’ for Litigation.