Regulatory clearance for Global and Australian deals
M&A transactions connected to Australia can trigger regulatory filings across multiple regimes, including foreign investment, merger control, and sector‑specific regulation.
While mandatory foreign investment filings have been required for some transactions for many years, since January 2026 merger filings can also be required – in some cases, even when there is not a foreign investment filing (and vice versa).
Provided there is a sufficient jurisdictional nexus, these filings can be required even where the Australian assets, operations or revenues of the target group are not material.
The FIRB and ACCC processes can be interdependent, and timing, sequencing and risk allocation are often critical to deal certainty.
Market practice continues to evolve under both the foreign investment and merger clearance regimes. We work with clients to apply early, rigorous analysis to the Australian aspects of a transaction, helping them adopt a risk‑based approach to regulatory filings and avoid unnecessary conditions to completion where possible.
We advise clients on end‑to‑end regulatory clearance strategy for transactions, with a focus on delivering approvals efficiently and in a way that supports the commercial objectives of the deal.
Clients value our ability to synthesise competition, foreign investment and transaction expertise into a single, coordinated clearance strategy. Our lawyers work closely with deal teams to integrate Foreign Investment Review Board (FIRB) approval, Australian Competition and Consumer Commission (ACCC) clearance, and other regulatory requirements into the transaction timetable from the outset.
We also have a market-leading presence in Canberra to assist private sector clients engaging with key regulators.
How we support transactions
We advise on regulatory clearance across the full lifecycle of a transaction, including:
- Early assessment of regulatory requirements and approval pathways.
- Input into transaction terms to manage competition and foreign investment issues.
- Sequencing and coordination of FIRB, ACCC and other regulatory processes to minimise delay and completion/timing risk.
- Engagement with regulators before and during review processes.
- Advising on mitigating conditions and undertakings.
- Supporting clients through complex or contested approval processes, including working with government relations advisers.
- Reporting transactions as required after completion.
Our approach is practical and transaction‑focused. We work to ensure regulatory issues do not become a late‑stage obstacle to completion.