Takeovers and schemes review 2026

Gilbert + Tobin’s takeovers and schemes review 2026 analyses public M&A transactions involving ASX-listed targets announced in 2025 with a value exceeding $50 million, providing a detailed view of deal activity, structure and outcomes across the market.

The review highlights a market that remained active and competitive despite geopolitical and economic uncertainty, with strong participation from private capital and offshore bidders and continued focus on mid-cap targets and sector-specific opportunities.

It also explores the key themes shaping dealmaking, including evolving transaction structures, competitive dynamics and an increasingly complex regulatory environment, offering practical insights into what is driving public M&A activity and how it is expected to evolve in 2026.

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Merger reforms in Australia

What’s ahead for 2026

M&A activity in 2026 is expected to remain resilient, shaped by geopolitical volatility, inflationary pressure and heightened regulatory scrutiny. Capital remains available and strategic drivers remain strong, placing a premium on preparedness, execution certainty and asset quality.

Decorative icon.Approach readiness

Boards are increasingly preparing for potential approaches amid ongoing volatility, with a clear focus on readiness and response.

Decorative icon.Capital inflows and strategic allocations

Global capital continues to target Australia, with strong focus on AI, critical minerals, energy and infrastructure.

Decorative icon.Private capital to remain ever-present

Private capital remains highly active, supported by significant dry powder and expanding investment mandates.

Decorative icon.Scrutiny of regulatory approvals

Regulatory complexity is increasing, making early planning and engagement critical to deal execution.

Decorative icon.Inflation and geopolitical pressures

Macroeconomic uncertainty will challenge valuations, but competition for high-quality assets is expected to persist.

Takeaways from 2025

  • Public M&A activity proved resilient in 2025 despite geopolitical and economic headwinds, with deal volumes rebounding strongly following periods of market disruption and closing the year with several large transactions.
  • Activity was concentrated outside the ASX 100, with heightened competition for mid-cap targets, while private capital demonstrated a continued appetite for take-private opportunities. Sector activity was mixed, with metals and mining, particularly gold, leading deal volume, and healthcare and financial services also remaining active.
  • At the same time, developments such as the Mayne Pharma decision reinforced that MAC clauses are difficult to invoke and highlighted the growing importance of regulatory risk as a potential deal spoiler.

Chapters

Explore the key themes shaping Australian public M&A in 2025, from deal activity and capital flows to transaction design, competition dynamics and regulatory developments.

Activity by the numbers

Public M&A activity rebounded following periods of economic and geopolitical uncertainty in 2025, with deal volumes and values strengthening through the year and several large transactions announced late in the cycle.

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Capital inflows

Foreign capital remained a key driver, with more than half of deals involving offshore bidders, led by North American investors.

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    Private capital

    Private capital continued to play a dominant role, accounting for a significant proportion of deals and value.

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    Top sectors

    Materials led deal activity for the third consecutive year, with strong momentum in gold and critical minerals, alongside solid activity in financials and real estate.

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    Pathways to board support

    Board support remained critical, with the vast majority of transactions structured as friendly deals and limited use of pre-deal arrangements compared with prior years.

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    Transaction design

    Schemes of arrangement continued to dominate as the preferred structure, reflecting their higher success rates and execution certainty.

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    Transaction features

    Cash remained the primary form of consideration, with consistent use of deal protections such as break fees.

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    Contested bids

    Competition for targets (particularly outside the ASX 100) increased on prior years, with competing proposals emerging in over a third of transactions.

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    Spotlight: Mayne Pharma

    The Mayne Pharma matter underscored the high bar for invoking MAC clauses and demonstrated the critical role of courts, the Takeovers Panel and regulators in deal outcomes.

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    Regulatory environment

    Heightened regulatory scrutiny, particularly around competition, national interest and security, continues to shape deal strategy, timelines and execution risk.

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    Other regulatory developments

    Key developments include new merger control requirements, enhanced disclosure rules for equity derivatives and increased regulatory engagement in transaction processes.

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