ACCC priorities for 2026: unfair practices in digital markets, consumer safety and the cost of living

The ACCC yesterday released its annual compliance and enforcement priorities for 2026. 

While there are no surprises with the ACCC “checklist”, companies should be reminded that the ACCC has more resources than ever before and is Australia’s most vigorous regulator. 

It will take administrative or enforcement action on the below matters especially if there is consumer or small business harm or the conduct relates to important markets. Compliance remains key.

Digital markets

The ACCC has pointed to persistent concerns raised by consumers about practices employed by businesses in online sales, as the reason for its focus on conduct in digital markets, in particular: 

• manipulative and misleading practices – subscription traps, dark patterns;
• unsafe products; and
• scams.

Consumer confidence and cost of living

Carrying over many of last year’s priorities, the ACCC will continue to target the conduct of businesses in sectors involving essential goods and services. 

In particular: 

• supermarket and retail – conduct by large firms with market power, restrictions that limit price competition and misleading pricing practices;
• utilities – promoting competition, including by addressing misleading price claims in the telecommunications, electricity and gas sectors;
• aviation – market monitoring and advocacy to promote improved competition, better information and fair treatment of consumers;
• environmental and sustainability issues – greenwashing;
• unfair contract terms – automatic renewals, early termination fees, non-cancellation clauses;
• motor vehicles – consumer guarantees compliance; and
• product safety and young children – button battery, infant sleep products and toppling furniture.

Other key areas

The ACCC will also continue to focus on the following long-term priorities:

• cartels and anti-competitive conduct;
• vulnerable consumers and First Nations Australians; and
• small businesses and the agricultural sector.

Proposed unfair practices prohibition

The ACCC will continue to advocate for a new prohibition against unfair practices to address gaps it has identified in the existing law to address conduct that undermines trust, causes harm to vulnerable consumers and manipulates consumer behaviour. We previously published an article about the exposure draft of the proposed new unfair trading laws, which are set to come into effect of 1 July 2027 if passed. 

New merger regime

Following a six-month transition period, Australia’s new mandatory and suspensory merger regime came into effect on 1 January 2026. 

So far, the ACCC has received 31 merger notifications, with 15 approved, 16 under review (two of which have progressed into Phase 2 review). The ACCC has also received 26 notification waiver applications, of which 23 have been approved and three have been denied. 

The ACCC will continue to prioritise review of proposed acquisitions under the new regime, including pursuing its target of making 80 per cent of determinations within 20 business days. 

What should businesses do now?

With very substantial fines, jail terms and reputational damage at stake, regular and effective compliance training continues to be the most important and cost-efficient action businesses can take to guard against competition and consumer law risk.

Businesses falling within a target sector or area listed above should consider undertaking a comprehensive audit of operations to ensure there is no misleading conduct in digital markets, unfair practices, anti-competitive conduct harming small businesses, suppliers or customers and greenwashing.

Complaints continue to be telling and a key trigger for ACCC investigations. Understanding the types of complaints made will help businesses identify potential areas of concern.