ACCC 2026/27: Competition & Consumer Law Focus

Australia’s cost of living crisis is rapidly reshaping the regulatory landscape. A staggering 83% of Australian households report being ‘concerned’ or ‘very concerned’ about rising costs, according to recent ABS data. In response, the Australian Competition and Consumer Commission (ACCC) is dramatically increasing its scrutiny of sectors impacting everyday Australians, as outlined in Chair Gina Cass-Gottlieb’s announcement of the 2026-27 Compliance and Enforcement Priorities on February 19th, 2026.

Beyond Cartels: A New Era of Proactive Regulation

While the ACCC’s enduring commitment to tackling cartel conduct, anti-competitive behavior, and product safety remains firm, the shift towards proactively addressing cost of living pressures and emerging digital risks marks a significant evolution. This isn’t simply about reacting to complaints; it’s about anticipating and preventing harm before it impacts consumers and businesses. The introduction of the new mandatory merger regime, already processing 31 notifications and denying 3 waiver applications since January 1st, 2026, demonstrates this proactive stance. However, the ACCC itself acknowledges the strain on resources, hinting at potential trade-offs in enforcement capacity for non-merger related matters.

Supermarkets & Retail: The Price of Trust

The spotlight is firmly on supermarkets and retail. The ACCC’s ongoing Federal Court proceedings against Woolworths and Coles regarding alleged misleading discount pricing are just the beginning. Expect intensified scrutiny of promotional tactics, particularly around events like Black Friday and Boxing Day. The focus isn’t just on outright deception, but on practices that erode consumer trust and distort market signals. This will likely extend to examining loyalty programs and the use of data analytics to personalize pricing, potentially raising concerns about price discrimination.

Essential Services Under the Microscope

Energy and telecommunications, already areas of consumer frustration, will face increased pressure. The ACCC will be targeting misleading pricing claims and opaque billing practices. This is particularly crucial as Australia transitions towards renewable energy sources, where complex pricing structures can easily obscure true costs. Furthermore, the rise of bundled services – combining internet, mobile, and streaming – will likely draw attention, with the ACCC seeking to ensure consumers understand the full cost and can easily compare options.

Aviation: Transparency Takes Flight

The aviation sector, notorious for fluctuating prices and hidden fees, is also on the ACCC’s radar. Expect increased market monitoring and advocacy for greater transparency in pricing and consumer choice. The ACCC may push for standardized fare displays that include all mandatory fees, and potentially investigate practices that limit competition, such as airline alliances and slot allocation at major airports.

Digital Markets: Battling Manipulation & Scams

The digital marketplace remains a breeding ground for manipulative practices and scams. The ACCC’s focus on preventing the sale of dangerous goods online and tackling “subscription traps” is vital. However, the challenge extends beyond individual scams to address systemic issues like algorithmic bias and the spread of misinformation. The ACCC’s continued advocacy for a comprehensive digital competition regime is crucial to address these broader concerns. The National Anti-Scams Centre, operated by the ACCC, will be pivotal in disrupting increasingly sophisticated scam operations.

The Rise of “Greenwashing” Enforcement

Consumers are increasingly demanding sustainable products, but misleading environmental claims – often referred to as “greenwashing” – are rampant. The ACCC is preparing to take enforcement action against businesses that exaggerate or fabricate their environmental credentials. This will require robust evidence and a clear understanding of complex sustainability standards. Expect a surge in litigation as the ACCC seeks to hold companies accountable for misleading claims about carbon neutrality, recyclability, and ethical sourcing.

Consumer Guarantees & Unfair Contracts: A Strengthening Shield

Legislative changes to the Australian Consumer Law (ACL) are poised to strengthen consumer guarantees, particularly in the motor vehicle sector. This will likely lead to increased scrutiny of warranty terms and a greater emphasis on resolving disputes fairly. The ACCC will also be targeting unfair contract terms, including automatic renewals, excessive early termination fees, and non-cancellation clauses. This is particularly relevant in the subscription economy, where consumers are often locked into long-term contracts with limited flexibility.

Here’s a quick overview of the ACCC’s key priorities:

Frequently Asked Questions About ACCC Enforcement

What should businesses do to prepare for increased ACCC scrutiny?

Proactive compliance reviews are essential. Strengthen your compliance culture, ensure your marketing materials are accurate and transparent, and be prepared to cooperate fully with any ACCC investigations.

Will the new merger regime significantly slow down business acquisitions?

Potentially. The ACCC’s increased workload and the mandatory notification requirements will likely add time and complexity to the acquisition process. Early and cooperative engagement with the ACCC is crucial.

How will the ACCC address the challenges of regulating rapidly evolving digital markets?

The ACCC is advocating for a dedicated digital competition regime to provide it with the tools and powers necessary to effectively regulate these complex markets. In the meantime, it will continue to rely on existing laws and collaborate with international regulators.

The ACCC’s 2026-27 priorities represent a clear signal: Australian businesses must prioritize compliance and transparency, particularly in sectors impacting household budgets and navigating the complexities of the digital economy. Ignoring this warning will come at a significant cost. What are your predictions for the impact of these priorities on your industry? Share your insights in the comments below!