ARTICLE
27 February 2026

ACCC Releases 2026–27 Enforcement Priorities

KL
Herbert Smith Freehills Kramer LLP

Contributor

Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be. Our footprint is extensive and committed across the world’s largest markets, key financial centres and major growth hubs. At our best tackling complexity and navigating change, we work alongside you on demanding litigation, exacting regulatory work and complex public and private market transactions. We are recognised as leading in these areas. We are immersed in the sectors and challenges that impact you. We are recognised as standing apart in energy, infrastructure and resources. And we’re focused on areas of growth that affect every business across the world.
Chair of the Australian Competition and Consumer Commission (ACCC), Gina Cass-Gottlieb has announced the ACCC's compliance and enforcement priorities for 2026–27.
Australia Antitrust/Competition Law
Herbert Smith Freehills Kramer LLP are most popular:
  • within Antitrust/Competition Law, Transport, Media, Telecoms, IT and Entertainment topic(s)
  • with Inhouse Counsel
  • with readers working within the Law Firm industries

Chair of the Australian Competition and Consumer Commission (ACCC), Gina Cass-Gottlieb has announced the ACCC's compliance and enforcement priorities for 2026–27.

At the Australian Competition and Consumer Commission's (ACCC) annual CEDA address which took place on 19 February 2026, ACCC Chair Gina Cass-Gottlieb reflected on the last 12 months of ACCC activity and outlined the ACCC's compliance and enforcement priorities for 2026-27. In her remarks, the Chair emphasised the interconnection between competition, consumer protection and productivity. She noted,"competition drives productivity" but "competition alone is not enough. Markets only deliver when people trust them."

Consistent with prior years, Chair Cass‑Gottlieb has emphasised continuing cost of living pressures and complexity in products and services provided to consumers. Consequentially, competition or consumer law concerns involving goods or services which are important to broad segments of Australian consumers will be a focus of ACCC activity. Chair Cass‑Gottlieb emphasised the role of competition and consumer law in developing and maintaining trust in markets. She noted that trust in markets "depends on truthful claims, fair contract terms and safe products".

Consequently, in setting priorities for the year ahead, the ACCC has focused on areas where it considers harm to be most acute. Chair Cass‑Gottlieb noted that the ACCC's consultation process in arriving at its enforcement priorities emphasised high and rising costs of goods and services, conduct undermining trust in digital markets, and restrictions imposed by businesses that limit other businesses' ability to compete.

In her remarks, Chair Cass‑Gottlieb commented on the ACCC's approach to using its full toolkit: compliance activity, market monitoring and transparency measures, and enforcement action, alongside a renewed focus on accountability, including of senior executives where there are indications of poor compliance culture. The ACCC has stated it will "continue to push for high penalties" where there is deliberate conduct causing significant harm to consumers and small businesses, and will focus on "accountability of senior executives" where a poor compliance culture is apparent.

The ACCC's 2026-27 enforcement priorities include:

  • Competition issues and consumer concerns in the supermarket and retail sectors:consistent with prior years, the ACCC will continue to emphasise compliance and enforcement action to address competition issues and consumer concerns in the supermarket and broader retail sector, including conduct by firms with market power, restrictions that limit price competition, conduct impacting small business, and misleading pricing practices. In her address, Chair Cass‑Gottlieb emphasised that pricing integrity in supermarkets is critical in a period of sustained cost of living pressure, highlighting that "accurate pricing information is fundamental to effective competition" and when discount claims mislead, "consumers cannot make informed choices, businesses that follow the rules may be disadvantaged, and the competitive process is at risk". The ACCC also pointed to its recent sweeps of retailers' Black Friday and Boxing Day sales advertising over the past two years which have revealed misleading "site‑wide/store‑wide" and "up to" discount claims.
  • Promoting competition and addressing misleading pricing in essential services:the ACCC will continue to promote competition in essential services and work to address misleading pricing and claims, with Chair Cass-Gotlieb noting that essential services (like telecommunications, electricity and gas) are often concentrated markets involving complex pricing structures which can negatively impact consumer decision-making. Chair Cass‑Gottlieb stated that these sectors "involve complex pricing structures that make it difficult for consumers and small businesses to compare offers and exercise choice" and that "when information is unclear, consumers and small businesses have limited ability to avoid harm".
  • Competition, product safety, consumer and fair trading in the digital economy: regulation of the digital economy will be a continued focus for the ACCC, particularly following the conclusion of its Digital Platforms Services Inquiry (DPSI) mid-way through 2025. This year's priorities are directed to both consumer trust and competition outcomes in digital markets. In 2026–27, the ACCC will prioritise manipulative and false practices, and unsafe consumer goods in digital markets, including conduct such as "subscription traps and other dark patterns that manipulate consumer behaviour and unfairly impact consumer choice". Alongside this, the ACCC will also prioritise promoting competition in digital markets. The ACCC also noted it will continue to work with the Government on digital competition reforms and indicated its support of the proposed prohibition on unfair trading practices introduced pursuant to exposure draft legislation released by the Federal Government this month.
  • Misleading environmental and sustainability claims with a focus on greenwashing: the ACCC will continue to take compliance and enforcement action against businesses in response to misleading environmental and sustainability claims, which it expects to continue (if not increase) as the country continues its transition towards net zero. Chair Cass-Gottlieb noted some of the ACCC's enforcement activity in this space throughout the past year, including the conclusion of its action against Clorox in the Federal Court in April for claims made by Clorox that certain products it sold were made from recycled "ocean plastic", resulting in the imposition of an $8.25 million penalty. Chair Cass‑Gottlieb also referred to the ACCC's recent proceedings commenced against Australian Gas Networks for claims made in relation to its renewable gas advertising campaign, and against Edgewell for claims that its sunscreen products were "reef friendly". In addition to litigation, the ACCC will aim to address misleading environmental claims through compliance, education and guidance.
  • Competition and consumer issues in the aviation sector:the ACCC will continue to work towards addressing competition and consumer issues in the aviation sector, including through market monitoring, advocacy and enforcement action where appropriate. Chair Cass-Gottlieb noted aviation is characterised by "high concentration, significant barriers to entry and limited consumer choice", and highlighted continuing concerns about pricing transparency and remedies when services are not delivered as promised.

In addition to the above, the ACCC has highlighted a focus on combatting unfair contract terms with a focus on issues associated with cancellation terms including automatic renewals and early termination fees; compliance with consumer guarantees, with a focus on the motor vehicle industry; and consumer product safety for young children, with a focus on compliance with button battery, infant sleep and toppling furniture mandatory standards.

Merger reform

Chair Cass-Gottlieb also commented on the ACCC's role under Australia's new merger regime, which came into effect on 1 January 2026. The ACCC's focus for the year ahead is on administering the regime transparently and efficiently, including through timely determinations and reporting on emerging trends as the regime beds down.

Enduring priorities

In line with its established practices, the ACCC reconfirmed its view that certain types of conduct are so harmful that they will be treated as long-term priorities:

  • Cartel conduct: cartel conduct is at the heart of the ACCC's role as a competition enforcement agency. Chair Cass-Gottlieb confirmed that the ACCC's cartel enforcement program remains strong, noting that there are four cases currently before the courts alleging cartel conduct by corporations and senior executives across a range of sectors including mobile crane hire, fresh produce supply, facility management services, and the Department of Defence.
  • Anti-competitive conduct: in addition to cartel conduct, the ACCC will continue to prioritise other conduct that prevents, hinders or damages competition, including other collusive behaviour among competitors, exclusionary conduct, anti-competitive agreements and the misuse of market power. Chair Cass-Gottlieb referred in particular to the Commission's misuse of market power case against Mastercard, which goes to trial next month.
  • Product safety: the ACCC has an enduring priority for product safety issues with the potential to cause serious harm to consumers. The ACCC will continue to prioritise product safety issues for young children and, in 2026-27, will also focus on unsafe products in the digital economy.
  • Consumers experiencing vulnerability or disadvantage:the ACCC will continue to prioritise conduct that disproportionately impacts consumers experiencing disadvantage or vulnerability.
  • Conduct impacting First Nations Australians: the ACCC will continue to address conduct that impacts the welfare of First Nations Australians, especially those consumers living in remote areas where barriers exist to asserting basic consumer rights.
  • Small business and agriculture: the ACCC will continue to prioritise enforcement of competition and consumer laws and small business industry codes of conduct that apply to and impact small businesses. This year, Chair Cass-Gottlieb specifically referred to protection of small businesses in the agriculture sector, noting that "power imbalances can be acute and the consequences long-lasting" in that sector.
  • Scams: The ACCC will continue to combat scams through its digital regulation functions and will be enforcing Australia's new Scams Prevention Framework, which was introduced in 2025.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More