Will the ACCC be targeting your business in 2025?

The ACCC has released its annual compliance and enforcement priorities. 

Focus on cost of living

It should come as no surprise that the ACCC will target the conduct of businesses in sectors involving essential goods and services. 

In particular: 

• supermarket and retail – conduct by large firms that impacts small businesses, including misleading pricing; 
• utilities – misleading pricing and other conduct in the telecommunications, electricity and gas sectors;  
• aviation – competition and consumer issues; 
• digital platforms – influencer marketing, online reviewers, in-app purchases; 
• consumer electronics – consumer guarantees compliance; and
• surcharge practices – misleading and excessive fees.

Other key areas

The ACCC will also continue to focus on:

• cartels and anti-competitive conduct;
• environmental and sustainability issues – collaborations and greenwashing; 
• unfair terms – cancellation terms, automatic renewals, penalty clauses; and
• product safety – especially in relation to young children.

New merger regime

The ACCC will shortly release draft process and analytical guidelines for the new merger regime, which is due to commence on 1 January 2026. 

Please contact us for a briefing on how the new regime will operate and what it means for you. Also please see our recent insight about the new merger regime. 

New unfair practices prohibition

The ACCC will continue to advocate for a new prohibition against unfair practices on the basis that there is a “gap” in the law to deal with certain conduct such as subscription practices, drip pricing, dynamic pricing, excessive requests for consumer data and access to consumer support and remedies.

What should you do now?

• With very substantial fines, jail terms and reputational damage, regular and effective compliance training continues to be the most important and cost-efficient action you can take for your business. 
• If you fall within a target sector or area above, you should consider undertaking a comprehensive audit of your operations to ensure there is no cartel conduct, misleading pricing, conduct that harms smaller rivals, suppliers or customers, excessive surcharging or greenwashing.
• Complaints continue to be telling and a key trigger for ACCC investigations. Understanding the types of complaints made to your business will help you identify potential areas of concern.
• Get ready for the new mandatory merger regime.

Competition still matters.

We would be happy to assist you with compliance programs and training, in-depth audits or briefing you on the new merger regime.