Tuesday, 24 March 2026
Chair
Shaun Berg, Barrister, Nigel Bowen Chambers
Description
Attend and earn 1 CPD unit in Substantive Law
THIS IS THE BIGGEST CHANGE TO AUSTRALIA’S MERGER REGIME IN 50 YEARS!!
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
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 is a commercial litigator at HWL Ebsworth Lawyers, specialising in competition and consumer law, regulatory and governance investigations, privacy, intellectual property and brand protection, media and entertainment law, and contractual disputes. She advises clients on their regulatory obligations under key state and Federal regimes, including the Competition and Consumer Act, the Corporations Act and ASIC Act, assists clients facing investigations and enforcement action by regulators and manages large litigation matters involving IP infringement, defamation, contractual disputes (including restraints of trade and confidential information), product liability, fraud, ACL breaches, directors’ duties and whistle-blower claims. She has been consistently recognised for her expertise, including as a Rising Star and recommended lawyer by Legal 500, Doyle’s Guide and Best Lawyers across media & entertainment, intellectual property, technology, telecommunications and litigation categories from 2020 through 2025.
