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Are your clients in the firing line of ACCC’s annual priorities?
The ACCC has made its priorities clear. Now is the time for lawyers to help clients get ahead of potential investigations by proactively reviewing their compliance, writes Madelaine Holt.
Madelaine Holt
It’s that time of year again.
The Australian Competition and Consumer Commission (ACCC) has published its 2025–26 Compliance and Enforcement Priorities, effectively handing lawyers a roadmap for protecting clients from regulatory scrutiny and getting ahead of potential investigations.
Highly concentrated industries under the microscope
Misleading pricing practices and anti-competitive conduct in concentrated industries such as supermarkets, retail, essential services, and aviation are at the top of the ACCC’s list this year.
We’ve already seen the ACCC take action against Coles’ and Woolworths’ alleged misleading discounting claims, and the government is encouraging the ACCC to do more by providing $30 million in additional funding late last year for investigations into the supermarkets and retail sector. The ACCC’s soon-to-be-published final report on its supermarkets inquiry will no doubt provide insights into the types of conduct and traders it plans to pursue.
Meanwhile, businesses in telecommunications and energy should brace for investigations into anti-competitive conduct and misleading claims about prices and features, with the ACCC determined to ensure cost-of-living pressures aren’t exacerbated by unlawful conduct.
Digital advertising, surcharging, and greenwashing in the spotlight
Competition and consumer issues in the digital economy remain a key focus, with the ACCC specifically targeting misleading or deceptive advertising. If your clients use influencers or online reviews to sell their products or services, you should review their practices to ensure all advertising is fulsome and truthful.
Misleading surcharging practices are also a priority, with the government allocating $2.1 million to the ACCC to crack down on excessive card surcharges. Businesses should ensure their pricing structures are transparent to avoid enforcement action.
Environmental claims continue to be scrutinised, with the ACCC reinforcing its commitment to uncovering greenwashing. Around 45 per cent of consumers use sustainability claims to inform their purchases, and businesses should ensure they rely on ACCC guidance to avoid misleading representations.
Enforcement of unfair contract terms
With new powers to seek penalties for unfair contract terms, expect the ACCC to pursue businesses that impose harmful automatic renewals, early termination fee clauses and non-cancellation clauses. Lawyers should review client contracts now to ensure they don’t become the ACCC’s test case for these new penalties.
Enduring priorities: Conduct always on the ACCC’s radar
There is certain conduct the ACCC considers to be so detrimental to consumer welfare and the competitive process that teams of people are dedicated to enforcing these long-term priorities, including:
- Cartel conduct.
- Anti-competitive conduct, including misuse of market power.
- Product safety issues with serious risks.
- Conduct impacting consumers experiencing vulnerability or disadvantage.
- Conduct impacting First Nations Australians.
- Conduct impacting small business, including breaches of industry codes.
- Scam detection and disruption.
Time for lawyers to take action
The ACCC has made its priorities clear. Now is the time for lawyers to help clients get ahead of potential investigations by proactively reviewing their compliance. Whether it’s assessing pricing practices, reviewing contracts, or ensuring advertising claims stack up, legal advisers play a crucial role in keeping businesses on the right side of the law.
Madelaine Holt is the principal of Holt Advisory.
