A fundamental change is coming in 2026 with the introduction of a mandatory ACCC merger control regime. This is a paradigm shift that redefines the entire sales process, particularly for small and medium-sized enterprises (SMEs).

Gone are the days when many business sales and acquisitions could proceed with minimal regulatory interaction. The new system introduces mandatory notifications for mergers above certain thresholds, placing the responsibility squarely on sellers and buyers to prove a deal won’t harm competition before it’s even signed.

For business owners looking at a
future exit,
understanding and preparing for this new landscape before 2026 will lead to a smooth, successful, and timely transaction. It also pays to have your customer relationships and pipeline documented in a system that can be reviewed and handed over, rather than living in one person’s inbox, which is where an
email-based CRM
helps.

This guide will walk you through what has changed and the critical steps you must take now to ensure your business is ready for a sale in the new era.

What the New ACCC Regime Actually Requires From Sellers

The shift in 2026 is the introduction of a formal, mandatory notification system. Any transaction that meets the prescribed thresholds must be notified to the ACCC, and the parties cannot complete the deal until the regulator grants approval.

This is a complete departure from the previous informal model, where many SME transactions proceeded without direct ACCC involvement. From 1 January 2026, clearance becomes a legal requirement.

For sellers, this means preparation becomes a front-loaded obligation. The ACCC expects a clear, structured presentation of your business from the outset. You will need more than standard financial statements. Sellers must produce detailed financial, operational, and market data that paints an accurate picture of the business and its competitive position.

This includes segmented revenue, customer concentration, supplier relationships, contract structures, pricing behaviour, and any factors that influence your market share.

Buyers will expect this level of detail early, well before a formal offer, because they must understand their regulatory exposure before progressing. If your information is incomplete or unclear, the deal risks delays, additional ACCC information requests, or a prolonged Phase 2 review. Preparing this material in 2025 is essential for maintaining deal momentum once the mandatory system begins.

How Mandatory Notification Changes Deal Timing and Buyer Behaviour

Expect the rhythm and pace of business sales and acquisitions to change. With mandatory ACCC notification comes an unavoidable new step in the transaction timeline.

Buyers will now conduct their regulatory risk assessments much earlier in the process, often before even making a formal offer. They will want absolute certainty that a deal won’t be challenged or blocked by the ACCC.

This change in buyer behaviour means that deal momentum could hinge on pre-clearance discussions or, at the very least, a convincing competition analysis prepared by the seller.

Valuation discussions will also be impacted. A business with a complex market position or one that could create competition issues for a specific buyer might see its valuation adjusted to account for the added risk and potential delays.

Sellers who have already done the groundwork to define their market and pre-emptively address competition questions will be far more attractive to a wider range of buyers, streamlining negotiations and maintaining deal momentum.

ACCC Ready Financial Information: What Sellers Must Prepare Now

Your standard financial reports may no longer be sufficient. To satisfy the ACCC, your financial data must be presented in a way that clearly illustrates your market position.

This means moving beyond simple profit and loss statements. Preparation for segmenting your revenue can start by product or service line, customer type, and geographic area. You need to calculate and substantiate your market share, which requires a well-defined understanding of the total market size.

Your pricing structures, discount policies, and promotional activities will also come under the microscope, as they can indicate how you interact with competitors.

The ACCC needs to understand these dynamics to assess the potential impact of a merger. Incomplete or ambiguous financial data is one of the quickest ways to stall a notification, leading to costly delays.

Operational and Contract Information the ACCC Will Scrutinise

The ACCC will also review the operational side of your business. You will need clear information about key customer and supplier relationships, including any reliance on major customers or agreements that limit supplier access for competitors.

Contracts should be reviewed for clauses that may appear restrictive, such as exclusivity terms, most-favoured-nation clauses, or territorial limits.

These can attract closer scrutiny in a merger assessment. Having this material organised, understanding any potential concerns, and being ready to explain the commercial purpose behind these arrangements will help streamline both buyer due diligence and the ACCC review.

Buyer Suitability Under ACCC Oversight

Under the new rules for business sales and acquisitions, sellers need to assess buyers more strategically. The ACCC will examine the buyer as closely as the business being sold, focusing on the market power of the combined entity.

A sale to a direct competitor or a large industry player is more likely to trigger a lengthy review, while a buyer with no overlapping holdings may move through the process faster.

This should influence how you shortlist and engage potential buyers. Price is no longer the only consideration. You’ll also need to assess each buyer’s regulatory suitability. Choosing a buyer with a strong chance of clearing ACCC approval can prevent delays, reduce legal costs, and keep your exit planning on track.

Timeline for Exit Planning: Realistic Expectations Under the 2026 Regime

Selling a business already takes time, and the 2026 ACCC regime will extend the process further. Owners need to factor these extra steps into their exit planning timeline. The preparation stage will be longer, as you must assemble detailed financial, operational, and market data for the ACCC.

Once a deal is reached, the formal review begins, which can run for several months and may be extended if the ACCC asks for more information. T

he only way to avoid bottlenecks is to start preparing in 2025. Getting your documentation in order early allows you to move quickly when a buyer appears and align your deal timing with the ACCC’s assessment process.

How Oasis Partners Prepares Sellers for ACCC Clearance

Navigating this new regulatory environment requires specialised expertise that goes beyond traditional business broking. At Oasis Partners, we have been guiding businesses through complex transactions since 1984, and our strategic advisory services are tailored to meet the challenges of the 2026 ACCC regime head-on.

We work with sellers to conduct detailed competition analysis and market definition exercises, developing the clear, defensible narrative required for ACCC compliance.

Our team assists in preparing the financial and operational documentation needed for regulatory scrutiny, ensuring your business is presented accurately and confidently.

With global reach and deep local insight, our buyer-matching services help identify purchasers who are both commercially aligned and more likely to obtain ACCC approval. We support sellers from preparation through to completion with a focus on certainty and value.

If you’re considering an exit, now is the time to begin. Get in touch with Oasis Partners to understand what your next steps should be under the 2026 regime.