ACCC’s 2025–26 Priorities: What Your Business Should Know
The Australian Competition and Consumer Commission (ACCC) has just released its Compliance and Enforcement Priorities for 2025–26. If you run a business in Australia, these priorities will guide what the ACCC focuses on and how you need to keep your operations in check. Under commercial law in Australia, it’s imperative that you stay updated so you don’t accidentally run afoul of the rules. At Sydun & Co, our team has put together this simple guide to help you understand what’s coming up and how to get ahead. For specific legal guidance, you can hire business lawyers in Sydney to keep you completely informed.
Overview of the ACCC’s 2025–26 Priorities The ACCC’s 2025–26 priorities reflect a continued emphasis on competition and consumer law, with a focus on sectors and practices that significantly impact the cost of living and doing business in Australia. While many priorities echo those of 2024–25, the ACCC has introduced refinements and a new focus on misleading surcharging practices.
Additionally, the implementation of Australia’s new mandatory and suspensory merger regime, effective January 1, 2026, will be a significant area of enforcement.
Implications for Businesses Under Commercial Law Australia ● Supermarket and Retail Sector Scrutiny The ACCC’s expanded focus on the retail sector, including supermarkets, highlights concerns about misleading pricing practices and the exercise of market power. Small businesses, often reliant on larger retailers, may face unfair contract terms or anti-competitive conduct as a result. Business lawyers in Sydney, such as Sydun & Co Solicitors, recommend that retailers review pricing strategies and supplier agreements to ensure transparency and compliance with ACL (Australian Consumer Law).
● Digital Economy and Influencer Marketing The ACCC is intensifying its scrutiny of the digital economy, targeting misleading advertising in influencer marketing, fake online reviews, and in-app purchases. Aussie businesses operating online must ensure that their marketing practices comply with ACL provisions on deceptive conduct. If unsure, reach out to commercial law firms in Sydney, like Sydun & Co, who can assist in drafting compliant terms and conditions for websites and e-commerce platforms.
● Greenwashing and Environmental Claims Business solicitors can help review marketing materials to ensure compliance with ACCC guidelines which are making it a priority to check on greenwashing, which is misleading environmental and sustainability claims. The ACCC is cracking down on businesses that exaggerate their environmental credentials. Companies must substantiate claims with evidence to avoid enforcement action.
● Consumer Guarantees and NDIS Compliance The ACCC is prioritising consumer guarantees, particularly in the electronics and National Disability Insurance Scheme (NDIS) sectors. NDIS providers must avoid misleading conduct and ensure services meet ACL standards. Businesses should seek advice from an experienced business lawyer to review service agreements and ensure compliance with statutory warranties.
● Product Safety for Young Children The ACCC is enforcing stringent product safety standards for items like button batteries, infant sleep products, and toppling furniture.
Retailers and manufacturers must be sure that their products meet mandatory standards to avoid recalls or penalties. A commercial solicitor can assist in conducting compliance audits and managing regulatory risks.
● Misleading Surcharging Practices A new priority for 2025–26 is tackling excessive card surcharging and hidden add-on costs, supported by $2.1 million in federal funding. To guarantee surcharges are transparent and reasonable, an Australian commercial law expert at Sydun & Co can help draft clear surcharge policies to align with ACCC expectations.
● New Merger Regime The introduction of a compulsory and suspensory merger regime, effective January 1, 2026, will require businesses to notify the ACCC of mergers meeting specific thresholds. Voluntary notifications will be accepted from July 1, 2025. The ACCC will release transitional guidelines and commence public consultation on draft guidelines by March 2025. If your business is planning mergers or acquisitions, be sure to consult business solicitors to navigate this complex regime and ensure compliance.
Actionable Steps for Compliance To align with the ACCC’s 2025–26 priorities, businesses should take proactive measures: ● Conduct Compliance Audits: Review pricing, marketing, and contract practices to ensure alignment with the ACL. ● Train Staff: Educate employees on consumer law obligations, particularly regarding surcharging and environmental claims. ● Review Contracts: Engage a commercial law firm in Sydney to assess contracts for unfair terms or anti-competitive clauses. ● Substantiate Claims: Ensure all environmental and product claims are backed by verifiable evidence. ● Prepare for Mergers: Consult business lawyers in Sydney to best understand the new merger regime and notification requirements. The following table outlines key compliance actions for each priority area:
Priority Area
Compliance Action
Supermarket and Retail
Review pricing transparency and supplier contracts.
Digital Economy
Audit influencer marketing and online reviews.
Environmental Claims
Substantiate sustainability claims with evidence.
Consumer Guarantees
Align service agreements with ACL warranties.
Product Safety
Verify compliance with mandatory safety standards.
Misleading Surcharging
Implement transparent surcharge policies.
Merger Regime
Prepare for mandatory notifications and seek legal advice.
Why Choose Sydun & Co. Business Solicitors? At Sydun & Co Solicitors, we understand that small and medium-sized businesses may lack the resources of larger corporations with in-house legal teams. Our experienced business solicitors in Sydney provide tailored, cost-effective legal solutions to help businesses comply fully with ACCC regulations and thrive in a competitive market. From assistance with contract preparation, dispute resolution, to merger compliance, our team of commercial solicitors is equipped to guide you through commercial law in Australia.
Conclusion The ACCC’s 2025–26 priorities signal a robust regulatory environment for businesses in Australia. It may be tackling misleading surcharges, or implementing a new merger regime, these priorities demand proactive compliance efforts. At Sydun & Co Solicitors, our business solicitors help Aussie businesses work through these challenges with tailored legal solutions. By staying informed and getting expert advice from commercial law firms in Sydney, businesses can mitigate risks, ensure compliance, and focus on growth.
FAQ: Q: What is the ACCC’s new focus on surcharging practices? A: The ACCC is targeting misleading or excessive card surcharges and hidden add-on costs. Businesses must take care that surcharges are transparent and reasonable to avoid penalties.
Q: How will the new merger regime affect my business? A: From January 1, 2026, mergers meeting specific thresholds must be notified to the ACCC. Voluntary notifications start July 1, 2025. Consult a commercial solicitor to assess your obligations.
Q: What should businesses do to avoid greenwashing penalties? A: Ensure all environmental claims are substantiated with evidence. Engage business lawyers to review marketing materials for compliance.
Q: How can Sydun & Co Solicitors help with ACCC compliance? A: Our Sydney commercial law firm team offers expert advice on contract drafting, compliance audits, and dispute resolution to align with ACCC priorities. Contact us at 02 9283 2355.
Q: Why is the ACCC focusing on the NDIS sector? A: The ACCC aims to protect vulnerable NDIS participants by ensuring providers comply with ACL, avoiding misleading conduct, and meeting consumer guarantee standards.
