Competition and Consumer Act 2010 (Cth)
Commission may seek further information and consult others
(1) The Commission may give a person a written notice requesting the person to give the Commission, within a specified period, particular information relevant to making its determination on the application.
(2) The Commission may consult with such persons as it considers reasonable and appropriate for the purposes of making its determination on the application.
Division 3 of Part VII of the Act was introduced in 2006 following recommendations by the Dawson Committee. Subdivision B allows parties to apply for 'formal clearance' of their mergers. There is no mandatory pre-merger notification regime operating in Australia and the ACCC may still provide informal advice to parties regarding the legality of their proposed merger.
See mergers page.