Section 93 Federal Competition and Consumer Protection Act 2018

Section 93 of the Federal Competition and Consumer Protection Act 2018 is about Commission to approve mergers. It is under Part XII (Mergers) of the Act.

(1) Subject to the notification threshold to be determined from time to time as set out in this Part, a proposed merger shall not be implemented unless it has first been notified to and approved by the Commission.

(2) The Commission shall, by regulations, determine –
(a) a threshold of annual turnover for the purposes of determining the categories of mergers contemplated under section 92 (4) of this Act; and
(b) a method for the calculation of annual turnover to be applied in relation to the threshold determined under paragraph (a).

(3) Prior to making a determination contemplated in subsection (2), the Commission shall publish, in the Federal Gazette, a notice-
(a) setting out the proposed threshold and method of calculation for purposes of this section; and
(b) inviting written submissions on that proposal.

(4) Within 60 days after publishing a notice as required under subsection (3), the Commission shall publish, in the Federal Gazette, a notice setting out-
(a) the threshold and method of calculation for the purposes of this section; and
(b) the effective date of the threshold.