ACCC Sets Priorities for 2026-27: Supermarkets, Digital Markets, and Increased Penalties in Focus

The Australian Competition and Consumer Commission (ACCC) has outlined its compliance and enforcement priorities for 2026-27, with a continued emphasis on competition and consumer protection. A key theme is ensuring markets function effectively and strengthen the economy, alongside a principle of ‘right-sized regulation’ – taking strong action where harm is greatest.

Key Priorities for 2026-27

The ACCC’s priorities remain broadly consistent with previous years, focusing on essential services, supermarkets, environmental and sustainability claims, and competition and consumer issues in digital markets. The regulator will also maintain a focus on long-term priorities such as cartel conduct, anti-competitive behavior, product safety, protecting vulnerable consumers, and disrupting scams.

Sector-Specific Focus Areas

• Supermarket and Retail: Targeting competition and consumer concerns within the supermarket and retail sectors, particularly in light of rising cost-of-living pressures. The ACCC’s recent Supermarkets Inquiry highlighted the dominance of Coles and Woolworths, giving them advantages in securing new sites.
• Essential Services: Promoting competition in essential services like telecommunications, electricity, and gas, and addressing misleading pricing, and claims.
• Aviation: Addressing competition and consumer issues within the aviation sector.
• Digital Markets: Targeting manipulative and false practices and promoting competition in digital markets.
• Environmental Claims: Addressing consumer concerns related to environmental claims, with a focus on preventing “greenwashing.”
• Unfair Contract Terms: Scrutinizing unfair contract terms, including those related to cancellation, automatic renewals, early termination fees, and non-cancellation clauses.

New Merger Regime and Ongoing Assessments

The ACCC is focused on administering the new merger control regime, which commenced on January 1, 2026, transparently and efficiently. The regulator is currently undertaking phase 2 assessments of two acquisitions: Coles’ proposed acquisition of a leasehold interest for a supermarket in Kalgoorlie and Ampol’s proposed acquisition of EG.

Increased Penalties for Anti-Competitive Conduct

On March 11, 2026, the Australian government announced plans to double penalties for false or misleading conduct and cartel conduct from $50 million to $100 million per contravention. The penalty will be the greater of $100 million, three times the benefit from the breach, or 30% of the “adjusted turnover” during the breach period.

This increase follows significant penalties already handed down for breaches of Australia’s cartel conduct laws, such as the $57.5 million AUD penalty ordered against BlueScope Steel Limited in 2023 for attempted price fixing.

Enhanced Fuel Monitoring

In response to recent volatility in fuel prices, the Australian government will enhance the ACCC’s fuel monitoring and reporting powers, with a focus on identifying unusual price spikes.