Legal Insights

Watchdog Podcast | ACCC v Coles and the future of was-now pricing

Shaun Temby
Ashley Frost

• 01 September 2026 • 2 min read

The Federal Court's recent decision in ACCC v Coles has provided important guidance on the use of "was-now" pricing promotions and the circumstances in which advertised discounts may be considered misleading under Australian Consumer Law.

In this episode of Maddocks on the Mic's Watchdog series, Partner and host Shaun Temby is joined by Associate Ashley Frost to unpack the Court's findings and explore the implications for retailers and businesses running promotional pricing campaigns.

Shaun and Ashley's discussion examines the ACCC's allegations concerning Coles' well-known "Down Down" campaign, the concept of a price establishment period, and why a genuine historical price is critical when advertising discounts. The podcast episode also covers the Court's treatment of Coles' internal pricing policies, the role of the ordinary and reasonable consumer, and the practical compliance lessons businesses should take away from the decision.

About the guest speaker Ashley Frost

Ashley is an Associate in Maddocks' Dispute Resolution & Litigation team. She has experience advising on a range of commercial disputes, working closely with clients to deliver practical, strategic advice across all stages of dispute resolution, from pre-litigation strategy through to litigation and settlement.

Key topics discussed

Why genuine discounts remain a key focus of ACCC enforcement activity.
What the Court said about the 12-week price establishment period.
Why internal pricing policies can play an important role in defending promotional campaigns.
How the ordinary and reasonable consumer test applies to discount advertising.
Practical safeguards businesses can implement to reduce regulatory risk.

Whether you're in retail, e-commerce, consumer products or professional services, this episode provides valuable guidance on ensuring promotional pricing practices comply with Australian Consumer Law.

Listen now

The Watchdog podcast series discusses the ACCC’s leading cases throughout the year and how well they performed against their priorities.

Listen to the Watchdog Podcast

Shaun Temby

Shaun has over two decades of expertise in commercial disputes, competition, and consumer law and provides strategic legal solutions to franchising and consumer markets clients.

View profile