Retail Competition and Fair Trading, Cost of Living Measures, Unfair Contract Terms, Mergers: ACCC Releases Its 2025-26 Compliance and Enforcement Priorities

In Brief

Australian Competition and Consumer Commission (ACCC) Chair Gina Cass-Gottlieb has just announced the ACCC’s Compliance and Enforcement priorities for 2025-2026. 

Ms Cass-Gottlieb highlighted the ACCC’s particular focus on cost of living pressures on consumers by stating that the ACCC:

"Would conduct dedicated investigations and enforcement activities to address competition and consumer concerns in the supermarket and retail sector”, including a new priority of addressing “misleading surcharging practices and other add-on costs"; and

Focus on “fair trading issues in the digital economy”, including “promoting choice, compliant sales practices and removing unfair contract terms such as subscription traps in online sales.”

The ACCC has announced a number of new priorities, as well as confirming its 2024 priorities and its enduring priorities, including its focus on:

• Consumer, fair trading and competition concerns in relation to environmental claims and sustainability, particularly greenwashing;
• Unfair contract terms in consumer and small business contracts, with a focus on harmful cancellation terms, automatic renewals, early termination fee clauses and noncancellation clauses;
• Improving industry compliance with consumer guarantees, with a particular focus on consumer electronics;
• Any conduct that is harmful to consumers experiencing vulnerability or disadvantage;
• Cartels and other anticompetitive arrangements, including misuse of market power that may affect any level of a supply chain;
• Promoting competition in, and ensuring enforcement in the event of misleading pricing in relation to, essential services; and 
• Although not being strictly a compliance and enforcement priority, on the successful implementation of mandatory merger clearance that will be in place from 1 January 2026 (and voluntarily from 1 July 2025). In this regard:
  • Before the end of March 2025, the ACCC will commence consultation on draft process guidelines and analytical guidelines; and
  • The ACCC has reiterated its expectation that ~80% of notified mergers will be approved within 15-20 business days (following a period of informal pre-application engagement with the ACCC).

Overall, Ms Cass-Gottlieb noted that the ACCC’s

“…complementary mandates across competition, fair trading and consumer law compliance and enforcement support the community to participate with trust and confidence in commercial life and promote the proper functioning of Australian markets.”

We have produced a one-page summary that outlines these priorities and the key takeaways for businesses (click here).

See the full list of the ACCC’s 2025-2026 compliance and enforcement priorities here and Ms Cass-Gottlieb’s speech here.