ACCC’s compliance and enforcement priorities 2025-26

Annually, the Australian Competition and Consumer Commission (ACCC) reviews and announces its priorities for the upcoming year to achieve optimal compliance with the Competition and Consumer Act 2010 (Cth) and other relevant pieces of legislation.

On 25 February 2025, the ACCC shared its key enforcement and compliance priorities for the 2025-2026 period, focusing on sectors and practices that significantly impact consumers and the economy. These priorities aim to address market concentration, protect consumer rights and promote fair competition across various industries.

Compliance and enforcement priorities 2025-2026

For the upcoming year, the ACCC outlined the following priorities.

• Strengthening scrutiny of competition issues within the supermarket and broader retail sectors, particularly targeting operators with substantial market power and practices affecting small businesses. This focus extends to consumer and fair-trading concerns.
• Promoting competition in essential services, with a specific focus on telecommunications, electricity, and gas sectors.
• Continuing to monitor competition and consumer issues within the aviation industry.
• Addressing competition, product safety, consumer, and fair-trading issues in the digital economy. This includes tackling misleading or deceptive advertising, particularly within influencer marketing, online reviews, in-app purchases, and ensuring the safety of consumer products sold online.
• Intensifying its focus on environmental claims and sustainability, particularly targeting ‘greenwashing’.
• Continuing to ensure compliance with regulations against unfair contract terms in consumer and small business contracts. The ACCC is particularly concerned with harmful cancellation terms.
• Improving industry compliance with consumer guarantees, especially concerning consumer electronics.
• Enhancing compliance by National Disability Insurance Scheme (NDIS) providers with their obligations under the Australian Consumer Law, ensuring that vulnerable consumers are protected from unfair practices.

A new stated priority is addressing misleading surcharging practices and other add-on costs. The ACCC plans to enhance business compliance with excessive card payment surcharging prohibitions and improve pricing practices to ensure the transparent disclosure of additional costs.

Enduring priorities

Further, the ACCC also has enduring priorities that are maintained yearly:

• Cartel conduct
• Anti-competitive conduct
• Product safety
• Consumers experiencing vulnerability or disadvantage
• Conduct impacting First Nations Australians
• Small business
• Scams.

Contact us to find out more about enforcement priorities and what they mean for you and your business

The ACCC continues to become more proactive, so ensuring continual compliance in line with the ACCC’s enforcement priorities should be front of mind for all businesses.

Macpherson Kelley’s experienced Trade Team can provide relevant advice to navigate through these spotlight areas, and to help your business remain compliant with the Competition and Consumer Act 2010 (Cth).

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.