The Australian Competition and Consumer Commission published remarks outlining how its competition and consumer enforcement strategy is expected to evolve as digital business models and market practices change. Cartel enforcement will remain a cornerstone, supported by stronger detection capabilities for conduct including bid rigging. The agency may also frame collusion cases more broadly through concerted practices and substantial lessening of competition theories where appropriate. Beyond cartels, the ACCC is examining restrictive and exclusionary commercial arrangements that entrench market positions, impede access or weaken rivalry. It also sees a continuing role for targeted ex ante measures where enforcement after the event may come too late to prevent competition from deteriorating. In consumer protection, investigations are likely to focus more closely on the systems, incentives and governance behind harmful conduct, including manipulative digital practices such as social proofing, upselling and nudge tools. Litigation will remain central for serious harm, novel legal issues and deterrence, while infringement notices, remediation and other compliance measures may provide more proportionate outcomes in other cases.
2026-09-04Australian Competition and Consumer Commission
Australian Competition and Consumer Commission outlines evolving enforcement focus on collusion, restrictive conduct and digital consumer harm
The Australian Competition and Consumer Commission outlined an evolving enforcement focus on nuanced collusion, bid rigging and restrictive arrangements that weaken competition. Consumer investigations are likely to scrutinize the systems, incentives and governance behind manipulative digital practices. The agency will continue to combine litigation with infringement notices, remediation and targeted ex ante measures.