Each year, the Australian Competition and Consumer Commission (ACCC) releases its Compliance and Enforcement Priorities, outlining the areas where it intends to focus its investigative and enforcement efforts.

These priorities provide valuable insight for Australian businesses into the types of conduct most likely to attract regulatory scrutiny under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL).

With the ACCC having now released its 2026–27 Compliance and Enforcement Priorities, businesses should be aware of the evolving regulatory focus and the risks these may pose. This blog provides an overview of the ACCC’s 2026–27 priorities, along with practical steps for businesses to manage compliance risks and reduce the likelihood of enforcement action.

The ACCC’s priorities are shaped by broader economic conditions and emerging market trends. In announcing the priorities, the ACCC emphasised concerns about cost-of-living pressures, consumer trust in markets and the growing influence of digital platforms.

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Annual priorities

The ACCC’s annual priorities focus on areas where the regulator considers there to be an elevated risk of consumer harm or anti-competitive conduct. These priorities evolve from year to year to reflect changes in market conditions, emerging business practices and issues affecting Australian consumers.

For 2026–27, the ACCC has identified several key areas of focus, including:

• competition and consumer issues in the supermarket and retail sectors;
• misleading pricing and competition concerns in essential services, including telecommunications and energy;
• competition and consumer concerns in the aviation sector;
• manipulative and false practices in digital markets, including subscription traps and other online practices that influence consumer decision-making
• misleading environmental and sustainability claims (greenwashing); and
• unfair contract terms and compliance with consumer guarantee obligations.

Many of these priorities reflect the ACCC’s concern that misleading conduct and pricing practices can undermine consumer confidence, particularly during periods of economic pressure.  

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Enduring enforcement priorities

Alongside its annual priorities, the ACCC also maintains several enduring enforcement priorities. These represent areas of ongoing regulatory focus that remain central to the ACCC’s role in promoting competition and protecting consumers.

These enduring priorities include enforcement action relating to:

• cartel conduct;
• anti-competitive conduct, including misuse of market power;
• product safety issues;
• scams and consumer fraud; and
• conduct impacting vulnerable consumers, small businesses and regional communities.

The ACCC has indicated that these areas will continue to attract strong enforcement activity where breaches of competition or consumer law are identified.

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Key priorities relevant to commercial law

While the ACCC’s priorities cover a wide range of sectors, several have particular relevance to commercial contracts, business operations and corporate compliance frameworks.

1. Misleading pricing and promotional practices

Misleading or deceptive conduct remains one of the most common areas of ACCC enforcement.

For 2026–27, the ACCC has indicated it will continue to closely scrutinise pricing representations in retail and essential services markets, particularly where consumers may be misled about discounts, price comparisons or promotional offers.

Businesses should ensure that:

• advertised discounts are genuine and capable of substantiation;
• price comparisons accurately reflect previous or competitor pricing; and
• promotional campaigns do not create a misleading impression about value or savings.

Failing to ensure accuracy in pricing representations may breach the misleading or deceptive conduct provisions of the Australian Consumer Law.

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2. Unfair contract terms

Enforcement of the unfair contract terms regime remains a key priority for the ACCC.

Recent legislative reforms mean businesses can now face significant civil penalties where unfair terms appear in standard form contracts with consumers or small businesses.

Businesses should carefully review standard form contracts, particularly clauses relating to:

• automatic renewals;
• termination rights and early termination fees;
• unilateral variation of contract terms; and
• restrictions on cancellation.

Proactively reviewing contracts can reduce legal risk and ensure compliance with the Australian Consumer Law.

You can read more about this topic in our series, Sierra Series: Unfair Contract Terms Under the Microscope, which explores the regime and its implications for businesses in greater detail.

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3. Digital markets and online sales practices

The ACCC continues to focus on conduct within digital markets and online platforms, particularly where business practices may manipulate or influence consumer behaviour.

Examples of practices attracting regulatory scrutiny include:

• online designs that pressure or steer consumers into purchases or subscriptions they might not otherwise choose (often referred to as dark patterns);
• subscription models that make cancellation unnecessarily difficult;
• misleading representations about products sold on online marketplaces; and
• unsafe products being made available through digital platforms.

Businesses operating e-commerce platforms or subscription-based services should ensure their digital sales processes are transparent, fair and easy for consumers to understand, and that customers are not subject to unduly onerous requirements when cancelling subscription services.

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4. Environmental and sustainability claims

The ACCC has maintained a strong enforcement focus on misleading environmental or sustainability claims, commonly referred to as greenwashing.

As environmental credentials become an increasingly important factor in consumer decision-making, the ACCC has indicated it will continue to scrutinise businesses that make environmental claims without adequate evidence.

Businesses should ensure that claims relating to sustainability, carbon neutrality or environmental impact are:

• accurate and not exaggerated
• supported by credible evidence
• clearly explained to consumers

Misleading environmental claims can expose businesses to enforcement action under the Australian Consumer Law.

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What this means for businesses

The ACCC’s enforcement priorities provide a useful roadmap for businesses seeking to manage regulatory risk.

Businesses should consider proactively reviewing:

• pricing and promotional practices;
• standard form contracts;
• environmental and sustainability claims;
• digital sales and subscription processes; and
• compliance frameworks relating to competition and consumer law.

Taking proactive steps to strengthen compliance programs can significantly reduce the risk of investigation or enforcement action.

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How we can help

Navigating the ACCC’s compliance and enforcement landscape requires a proactive approach.  At Sierra Legal, our team of commercial law experts is equipped to help your business navigate the ACCC’s 2026-27 priorities.  Contact us to discuss how we can help.

You can access the ACCC’s 2026-27 Compliance and Enforcement Policy and Priorities here.

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