ACCC Outlines Compliance and Enforcement Priorities for 2025-26

In her annual address to the Committee for Economic Development of Australia (CEDA) on 20 February 2025, ACCC Chair Gina Cass-Gottlieb reflected on the regulator’s work over the past year and unveiled its compliance and enforcement priorities for 2025-26.

Many of the enforcement priorities remain consistent with the previous year, highlighting ongoing concerns around the cost of living for consumers and operational costs for businesses. The ACCC’s focus for the coming year also incorporates insights from its market studies and aligns with broader government and legislative initiatives. Chair Cass-Gottlieb reaffirmed the ACCC’s position that strong consumer law enforcement is integral to maintaining fair competition.

KEY AREAS OF FOCUS

The ACCC will concentrate its efforts on competition and consumer protection in critical industries that impact the daily lives of Australians, including supermarkets, aviation, and essential services such as telecommunications, electricity, and gas. The regulator will also continue its scrutiny of digital platforms, environmental claims, and unfair contract terms—building on its enforcement actions from 2024.

DIGITAL ECONOMY AND ONLINE PLATFORMS

The ACCC will maintain its focus on competition, consumer protection, and product safety in the digital economy. Since 2017, the regulator has been monitoring digital platforms through its ongoing Digital Platforms Services Inquiry (DPSI). The Australian Government recently announced plans for new regulations targeting major digital platforms, following ACCC recommendations. Chair Cass-Gottlieb also noted commitments made by telecommunications providers regarding future agreements with Google, emphasising that digital enforcement remains a key priority for 2025-26.

ENVIRONMENTAL CLAIMS AND GREENWASHING

Misleading environmental claims, or “greenwashing,” will continue to face scrutiny. The ACCC regards accurate sustainability claims as vital for both competitive fairness and broader environmental benefits. In 2024, the regulator launched legal proceedings against Clorox for greenwashing, with penalties now being considered by the Federal Court. The ACCC has reinforced its commitment to this area by releasing final guidance on sustainability collaborations in December 2024.

SUPERMARKETS AND RETAIL SECTOR

A major focus for the ACCC will be fair trading practices within the supermarket and retail industry. The regulator is finalising its inquiry into the supermarket sector, which commenced on 1 February 2024. Last year, the ACCC initiated legal action against major retailers Coles and Woolworths over alleged misleading discounting practices. Chair Cass-Gottlieb acknowledged ongoing concerns raised by consumers and small businesses and highlighted the government’s commitment of $30 million over three and a half years to support investigations and enforcement in the retail sector.

ESSENTIAL SERVICES

The ACCC will continue to prioritise competition in essential services, particularly in light of rising costs for both consumers and businesses. The regulator will focus on:

• Monitoring and promoting competition in the telecommunications and energy sectors, including regulatory oversight of gas markets.

• Recommending measures to enhance market transparency and reduce entry barriers in the energy industry.

• Addressing misleading pricing and claims in telecommunications, electricity, and gas.

AVIATION INDUSTRY

Fair trading, pricing transparency, and consumer protection in the aviation sector remain a high priority. The ACCC’s focus follows disruptions in the airline market, including the collapse of Bonza Aviation in 2024 and Rex Airline’s withdrawal from metropolitan routes.

ADDITIONAL ENFORCEMENT PRIORITIES

Beyond these core areas, the ACCC has outlined further enforcement priorities, including:

• Misleading surcharging practices related to card payment acceptance.

• Unfair contract terms, particularly around automatic renewals, early termination fees, and cancellation policies.

• Consumer guarantees enforcement, focusing on consumer electronics.

• NDIS provider compliance, ensuring fair competition and consumer protection in disability services.

• Product safety for young children, including raising awareness of new standards for infant sleep products and toppling furniture risks.

MOVING FORWARD

Chair Cass-Gottlieb’s address reinforced the ACCC’s commitment to protecting consumers and fostering fair competition across multiple sectors. The regulator’s 2025-26 enforcement agenda aims to address pressing market concerns while continuing its proactive approach to compliance and regulation in critical industries.