2025 ACCC Priorities: What Businesses Need to Know
As 2025 begins, the Australian Competition and Consumer Commission (ACCC) has released its updated enforcement and compliance priorities, providing valuable insights into how businesses should align their practices with regulatory expectations. The ACCC’s role in promoting fair competition and protecting consumers remains central to Australia's Commercial and Corporate Law framework.
Understanding what the ACCC is watching in 2025 is not just about avoiding penalties—it’s about building resilient, trustworthy business practices that align with evolving legal and consumer standards.
The ACCC's Role in Commercial and Corporate Law
The ACCC plays a critical role in enforcing the Competition and Consumer Act 2010 (Cth). It oversees competition law, product safety, consumer guarantees, advertising standards, and more.
For businesses operating in Australia, the ACCC serves as both watchdog and regulator. It ensures that corporations uphold ethical, competitive, and lawful conduct. In the context of Commercial and Corporate Law, this includes reviewing mergers, preventing misleading conduct, penalising cartel activity, and enforcing fair contract terms.
Each year, the ACCC outlines its compliance and enforcement priorities to guide its investigations, litigation, and public education efforts. Staying on top of these priorities is essential for directors, legal teams, and compliance professionals.
Key ACCC Priorities in 2025
In 2025, the ACCC is sharpening its focus on several areas that intersect directly with commercial and corporate legal obligations:
Digital Platforms and Online MarketplacesThe ACCC continues to scrutinise tech giants, eCommerce platforms, and gig economy services. In 2025, the emphasis is on:
Misleading algorithms or advertising
Fake reviews and review manipulation
Lack of transparency in pricing and data usage
Businesses operating online must review their digital marketing strategies and user experience practices for compliance.
Cost-of-Living and Pricing PracticesWith Australians facing rising living costs, the ACCC is investigating sectors such as:
Supermarkets and food retailers
Fuel and energy suppliers
Telecommunications and financial services
Price-gouging, price signalling between competitors, or misleading pricing strategies can result in swift legal consequences.
Greenwashing and Sustainability ClaimsEnvironmental, social, and governance (ESG) marketing is a growing concern. The ACCC has warned that companies making false or exaggerated environmental claims will face investigation.In 2025, the ACCC is particularly focused on:
Labelling and product claims (e.g., “100% sustainable” or “carbon neutral”)
Cartel Conduct and Anti-Competitive AgreementsDetecting and penalising cartels remains a core focus. Industries such as construction, logistics, and manufacturing are under increased surveillance.Behaviours under scrutiny include:
Price-fixing and bid rigging
Market sharing or collusion
Exclusivity clauses that limit competition
Businesses are encouraged to implement or update their competition law compliance programs.
Unfair Contract Terms and Small Business ProtectionsFollowing legislative reforms in late 2023, the ACCC is actively enforcing rules around unfair contract terms, particularly in standard form contracts used with small businesses and consumers.From 2025 onwards, civil penalties apply for unfair terms. Common breaches include:
Automatic renewal clauses without proper notice
One-sided indemnities
Unilateral rights to vary terms or pricing
All businesses must review their B2B and B2C contracts as a matter of urgency.
Implications for Australian Businesses
The ACCC’s 2025 enforcement strategy signals more aggressive investigations and court actions. For businesses, the legal and commercial consequences can be severe:
Financial penalties reaching millions of dollars
Injunctions or court-enforced undertakings
Reputational damage and shareholder unrest
Businesses should expect increased collaboration between the ACCC and other regulators, such as the Australian Securities and Investments Commission (ASIC) and the Office of the Australian Information Commissioner (OAIC).
The evolving regulatory landscape makes compliance no longer optional—but essential under Commercial and Corporate Law.
Proactive Steps to Ensure Compliance
To stay ahead of regulatory risk in 2025, businesses should:
Conduct a Full Legal Compliance Audit: Review marketing, pricing, contract templates, and digital practices against ACCC guidelines.
Train Staff on Fair Trading Obligations: Ensure your marketing, sales, and procurement teams understand the risks of misleading conduct and anti-competitive practices.
Engage Legal Experts Early: Legal consultation is key in preparing for potential enforcement action. Lawyers can help draft compliant contracts, clarify your obligations under the Competition and Consumer Act, and identify risks before they escalate.
Monitor ESG and Sustainability Disclosures: All public-facing environmental claims must be verifiable, clear, and transparent. Avoid vague language that cannot be substantiated.
Directors also have fiduciary duties, such as acting in good faith, avoiding conflicts, and exercising due care. Breaching these duties can lead to severe penalties, including disqualification and personal liability.
As the ACCC sharpens its focus in 2025, Australian businesses must take a proactive stance on compliance and transparency. Whether you’re a small business or a major corporation, staying informed about these enforcement priorities is critical.
Failing to act now may expose your business to investigation, financial penalties, and public scrutiny. Aligning with ACCC expectations will protect your legal standing and foster stronger consumer and stakeholder trust.
