• At a glance

  

Consumer markets, retail and franchising

Enforcement activity remained subdued, with limited actions beyond the record $1.5 million contempt penalty against car servicing franchiser Ultra Tune for breaching court orders tied to its Franchising Code of Conduct violations. The ACCC prioritised regulatory and educational efforts, urging franchisors to remove unfair contract terms before the updated Franchising Code of Conduct commences in April this year.

Misleading or deceptive advertising

Misleading advertising dominated enforcement, marked by proceedings against online florist Bloomex for fake discounts and drip pricing, and Secure Parking for misleading information provided to consumers regarding the availability of car spaces. The car industry and consumer guarantees continued to be a focus, with the ACCC securing a penalty of $11.5 million against Mazda for misrepresenting consumer guarantee rights.

• At a glance

  

Cartel and anti-competitive conduct

The ACCC secured more record penalties in its ongoing focus on deterring and punishing cartels and other forms of anti-competitive conduct. In particular, in further prosecutions of cartel activity in the waste management sector, Bingo Industries was fined $30 million. The ACCC also significantly updated its Immunity Policy late in 2024. The December 2024 update prioritises transparency, with immunity applicants having to certify that they have conducted "all reasonable searches", and fully disclose relevant evidence. Significantly, immunity applicants must also waive legal privilege over factual witness accounts related to the cartel.

Cost of living

Unsurprisingly, given the emphasis by government, the ACCC made cost of living a priority issue in 2024, taking landmark actions targeting sectors that had been impacting household budgets – such as air travel and groceries. The ACCC secured (by consent) a penalty of $100 million against Qantas for its now infamous “ghost flights” and has commenced proceedings against the major supermarkets for alleged misleading discount claims.

Essential services

Essential services was another light touch area for the ACCC in 2024. The ACCC penalised Dodo Power & Gas for Electricity Retail Code breaches in the energy sector, and monitored Gas Market Code compliance amid supply improvements. Likewise, the ACCC approved TPG/Optus network-sharing in telecommunications to bolster regional coverage while extending wholesale service regulations.

• At a glance

  

Consumer data and digital platforms enquiry

The Digital Platforms Services Inquiry advanced, with reports advocating stronger privacy laws and scrutiny of AI’s impact on search quality. The ACCC also challenged Meta over fraudulent crypto ads and secured undertakings from the major telcos to curb Google’s default search dominance. This may also be the year that the ACCC takes enforcement action against entities for breaches of the Australian Consumer Law (ACL) due to the use of AI.

• At a glance

  

Revised 2025 priorities

Building on the trends and global regulatory shifts observed last year, we believe the ACCC’s 2025 agenda will likely emphasise bedding down and ensuring compliance with the ongoing regulatory changes championed by the ACCC. Further, the ACCC will continue with its “louder, faster, stronger” strategy by conducting more industry-wide sweeps, and emphasising quick resolution of claims with a strong focus on consumer redress schemes.

Consumer markets, retail and franchising

We expect sweeps and audits of major franchise systems to ensure compliance with the unfair contract terms regime and the new Franchising Code of Conduct. While we cannot rule out litigation in the sector, based on the ACCC’s attitude to enforcement in the past year (or so), the franchisor misconduct will need to be extremely serious to warrant the ACCC stepping in.

Cartels

Expect more litigation and an increasingly confident ACCC to bring criminal proceedings seeking jail time against key executives.

Consumer focus

In an election year, we can expect continued action by the ACCC against misleading pricing in retail, energy, and aviation, leveraging penalties to deter exploitative practices. The ACCC will continue focusing on lifting business compliance with the consumer guarantee regime.

Structural reforms

A lot of the ACCC’s resources will be focussed on the significant task of completing the introduction of the new mandatory pre-notification merger regime, which comes into operation in 2026. It will also look to wrap up the Digital Platforms Inquiry and then engage proactively with the Government, businesses and the media to ensure that as many of its recommendations as possible are implemented.

Conclusion

The ACCC’s 2025 trajectory reflects a calibrated shift toward systemic market interventions, aligning with its global peers in addressing concerning conduct in “big tech” and essential service affordability. While enforcement may appear selective, its strategic focus on high-impact sectors and structural reforms will define Australia’s competition landscape in the coming year.