Mackay Chapman March 2025 ACCC Update

In this month’s ACCC update:

• ACCC outlines 2025-26 priorities;
• ACCC sweep uncovers concerning online shopping return policies;
• Passage of world-first scams prevention laws;
• Telstra misled nearly 9,000 Belong customers over broadband speed claims;
• ACCC invites views on wholesale access controls for superfast broadband networks; and
• ACCC Deputy Chair Mick Keogh gave keynote address.

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ACCC outlines 2025-26 priorities, focusing on retail pricing, mergers, and competition

ACCC Chair Gina Cass-Gottlieb has outlined the agency’s 2025-26 priorities, emphasizing the need for fair competition to benefit consumers. 

Key focus areas include tackling misleading pricing practices, such as surcharging, and addressing competition issues in groceries, retail, telecommunications, and essential services.

The ACCC will also prioritize unfair contract terms and anti-competitive practices, focusing on mergers as new notification rules emerge in mid-2025. Additionally, the agency will continue monitoring consumer protection in the digital economy, including misleading advertising and greenwashing.

ACCC sweep uncovers concerning online shopping return policies

The ACCC has conducted a sweep of over 2,000 Australian retail websites, identifying concerning return policies and terms and conditions that may breach the Australian Consumer Law (ACL). 

The sweep found several businesses using terms that could mislead consumers about their rights to refunds, exchanges, and returns.

The ACCC will continue to monitor compliance and take enforcement action when necessary. Feedback from consumers regarding potentially misleading statements can be reported to the ACCC.

For more information, visit the ACCC's consumer issue report page.

ACCC welcomes passage of world-first scams prevention laws

The ACCC has welcomed the passage of the Scams Prevention Framework Bill, marking a significant step in the fight against scams. 

This world-first legislation sets out consistent and enforceable obligations for businesses in sectors vulnerable to scammers.

ACCC Deputy Chair Catriona Lowe emphasized the critical role the legislation plays in protecting consumers, noting that scams have devastated Australians. “Scammers will exploit weak links in the system, so this legislation is key to creating a unified, consistent approach,” Ms Lowe said.

The new framework empowers the ACCC to monitor businesses’ compliance with principles to prevent, detect, disrupt, and respond to scams. Businesses failing to meet their obligations can face fines of up to $50 million.

Banks, digital platforms, and telecommunications providers will be the first sectors to comply with the legislation. The ACCC is committed to working closely with government, industry, and community groups to ensure the framework delivers effective solutions and meaningful redress for consumers.

Telstra misled nearly 9,000 Belong customers over broadband speed claims

The Federal Court has found that Telstra misled nearly 9,000 Belong customers regarding the upload speed of their broadband services, following legal action by the ACCC.

Between October and November 2020, Telstra migrated 8,897 Belong customers from a 100/40Mbps NBN plan to a 100/20Mbps plan without informing them of the change, and continued charging the same price despite the reduced speed. 

Telstra also misrepresented the service to 2,785 customers who had signed up for the 40Mbps plan between May 2017 and September 2018 and another 6,112 customers who joined between September 2018 and October 2020.

The ACCC is seeking penalties, consumer redress, and other orders from the Court. A hearing to determine the penalty and compensation is scheduled for a future date.

Telstra has faced previous legal action, including a $15 million penalty in 2021 for misleading representations about NBN plans.

ACCC invites views on wholesale access controls for superfast broadband networks

The ACCC launched a discussion paper as part of its inquiry into the superfast broadband access service (SBAS) access determination, which began on 15 January 2025.

SBAS is the regulated wholesale service retailers use to supply broadband to homes and businesses connected to superfast fixed-line networks other than the NBN. These networks typically offer download speeds of 25 Mbps or higher.

The paper invites stakeholders to provide feedback on whether additional regulated access terms should be included in the SBAS access determination, particularly regarding points of interconnection and other price and non-price access terms.

The ACCC is seeking submissions by 5 pm AEDT on Wednesday 28 March 2025.

Keynote Address by Mick Keogh, ACCC Deputy Chair - 27 February 2025

Mick Keogh, Deputy Chair of the ACCC, spoke at the 2nd Annual Sustainability Reporting Summit on 27 February 2025, highlighting the ACCC's role in ensuring transparent and fair competition in sustainability reporting. 

He emphasized the importance of truthful, evidence-based environmental claims and the ACCC's focus on tackling greenwashing. Keogh explained that businesses can collaborate on sustainability initiatives without breaching competition laws, as long as it benefits the public and doesn’t hinder competition. 

He also reassured businesses that competition and consumer laws should not deter genuine sustainability efforts, and the ACCC is here to guide compliance and drive fair market practices.

The full speech can be found here.

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The contents of this article do not constitute legal advice and it is not intended to be a substitute for legal advice and should not be relied upon as such.  It is designed and intended as general information in summary form, current at the time of publication, for general informational purposes only.  You should seek legal advice or other professional advice in relation to any particular legal matters you or your organisation may have.