Mergers are important for the efficient functioning of the economy. Mergers allow enterprises to achieve efficiencies, such as economies of scale or scope across a range of activities. Merger control is addressed in the Fair Trading Act 2022, due to the potential of some of these mergers to restrict competition.

The approach adopted in the Fair Trading Act 2022, is to require notification and review by the Fair Trading Commission of certain mergers to enable the Fair Trading Commission to regulate those mergers that are likely to result in a substantial lessening of competition. Notifiable mergers must be made in the prescribed formed and accompanied by the prescribed information.

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