ACCC Releases 2025-26 Enforcement Priorities

As part of the ACCC’s annual CEDA address which took place on 20 February 2025, ACCC Chair Cass-Gottlieb reflected on the last 12 months and outlined the ACCC’s compliance and enforcement priorities for 2025-26.

There is significant overlap between the areas of enforcement for 2025-26 and those of the preceding year which reflect ongoing cost of living concerns for consumers, as well as cost of business concerns. Enforcement priorities for the upcoming year also reflect, in some respect, the outcome of ACCC market studies and Government/legislative initiatives. Chair Cass-Gottlieb’s comments and the ACCC’s enforcement priorities highlight the position of the ACCC that consumer law enforcement is a form of competition law enforcement. Chair Cass-Gottlieb noted that conduct which precludes informed purchasing decisions “significantly impairs capacity for competition on the merits.”

Areas of ACCC focus will include competition and consumer issues in supermarket, aviation and essential services (including telecommunications, electricity and gas). These are industries with which a large percentage of Australian consumers interact. Enforcement priorities in respect of digital platforms, greenwashing and unfair contract terms reflect and extend upon ACCC activity in 2024.

The ACCC’s 2025-26 enforcement priorities include:

• Competition, consumer and fair-trading concerns in the supermarket and retail sector: the ACCC is in the process of finalising its report in the supermarkets inquiry which began on 1 February 2024 (and in 2024, commenced enforcement proceedings against Coles and Woolworths for allegedly misleading consumers with regard to discounting). Chair Cass-Gottlieb referred to various issues raised by consumers and small businesses in the context of the supermarkets inquiry and highlighted the Government’s allocation of $30 million to be delivered over three and a half years for investigations and enforcement activities in the supermarket and broader retail sectors.
   
• Promoting competition in essential services: carrying on from last year’s enforcement priorities, there will be continued focus on competition for essential services where due to increased costs of living and costs of doing business, businesses and individuals are “vulnerable to anti-competitive conduct in essential services.” Chair Cass-Gottlieb noted:
  • ongoing activity in promoting and protecting competition in the context of the ACCC’s telecommunications and energy industry monitoring, regulatory and gas market code functions;
  • recommendations regarding enhancing market transparency and reducing barriers to entry and regulatory reforms in the energy sector; and
  • an overall enforcement priority on promoting competition in the respect of telecommunications, electricity and gas, as well as a focus on misleading pricing and other claims in these sectors.
     
• Competition and consumer issues in the aviation sector: the ACCC will continue to prioritise competition, fair trading, consumer protection and pricing issues in the aviation sector. The ACCC’s focus on this segment follows the 2024 collapse of Bonza Aviation and the withdrawal of Rex Airline services from metropolitan routes.
   
• Competition, product safety, consumer and fair trading in the digital economy: the digital economy continues to be a matter of competition and consumer law focus both in Australia and globally. Since 2017, the ACCC has been considering competition and consumer law issues in the context of its Digital Platforms Services Inquiry (DPSI). The Government has also recently announced its proposed approach to the ex ante regulation of digital platforms which follows ACCC recommendations and findings through the DPSI. The Chair noted undertakings provided by various telecommunications carriers in relation to future arrangements with Google and indicated that enforcement in digital sectors will be a priority in 2025-26.
   
• Environmental claims and sustainability with a focus on greenwashing: the ACCC will maintain its focus on environmental claims which it considers are both important for the competitive process and in delivering environmental benefits for the greater community. In 2024, the ACCC commenced “greenwashing” proceedings against Clorox. The parties in that matter recently made agreed penalty submissions to the Federal Court. Consistent with the ongoing compliance and enforcement priority in respect of environmental claims, in December 2024, the ACCC released its final guidance on its approach to sustainability collaborations.

In addition to the above, the ACCC has also highlighted a focus on combatting misleading surcharging practices in respect of card acceptance, unfair contract terms focusing on issues associated with cancellation terms including automatic renewal and early termination fees, compliance with consumer guarantees focusing on consumer electronics, NDIS providers compliance with competition law and consumer product safety for young children (including raising awareness about new infant sleep and toppling furniture standards).

Merger reform 

Whilst perhaps not strictly a compliance issue, a significant portion of Chair Cass-Gottlieb’s remarks addressed Australia’s new compliance regime which comes into mandatory effect from 1 January 2026. The ACCC will by the end of March 2025, commence consultations on guidelines relevant to the new regime. The ACCC signalled that it expects full compliance with the new mandatory regime and that when in effect, it will not hesitate to take enforcement actions against parties who fail to comply with notification requirements. The requirements in respect of serial notifications were specifically noted by the Chair in her remarks.

Enduring Priorities

In line with its established practices, the ACCC reconfirmed that certain types of conduct are so harmful that they will be treated as long-term priorities:

• Cartel conduct: cartel conduct is at the heart of the ACCC’s role as a competition enforcement agency. The ACCC updated its Immunity Policy in December 2024, has recently commenced civil cartel actions in respect of Defence contracts, and has indicated that it has a robust pipeline of matters under investigation including cartels.
   
• Anti-competitive conduct: Chair Cass-Gottlieb noted various undertakings designed to address potential market power issues, as well as the upcoming trial in proceedings involving Mastercard. The ACCC has a number of pipeline matters regarding competition law provisions other than cartel conduct.
   
• Product safety: the ACCC has an enduring priority for product safety issues which have the potential to cause serious harm to consumers. This year there will be a particular focus on the enforcement of button battery standards, as well as other issues relevant to the safety of young children.
   
• Consumers experiencing vulnerability or disadvantage: the ACCC will continue to prioritise sectors of critical importance and address conduct that causes significant harm, including conduct that disproportionately impacts consumers experiencing disadvantage or vulnerability.
   
• Conduct impacting First Nations Australians: the ACCC will continue to address conduct that impacts the welfare of First Nations Australians, especially those consumers living in remote areas.
   
• Small business: the ACCC highlighted both enforcement of competition and consumer issues across various sectors focussing on firms with market power and conduct that impacts small businesses. While an enduring priority, the remarks by Chair Cass-Gottlieb were, arguably, particularly focused on issues which may impact small business.
   
• Scams: The ACCC will continue to combat scams through the National Anti-Scam Centre, in its digital regulation functions.