What are the ACCC’s 2023/2024 enforcement priorities?

The Australian Competition and Consumer Commission’s (ACCC) enforcement priorities for 2023/2024 include environmental and sustainability claims, scam detection and disruption, consumer law issues in the digital economy, unfair contract terms, essential services, energy and telecommunications and wholesale gas markets.

ACCC Chair Rod Sims announced the enforcement priorities in an address to the annual Committee for Economic Development Australia (CEDA) in Sydney on 3 March 2023.^[1]

Warnings regarding the “Digital Economy”

Mr Sims listed a number of concerns for consumers in relation to the conduct of online activities and in particular:

“Other practices of concern include manipulation of online reviews and search results, and comparison websites and social media influencers who don’t disclose commercial relationships including paid promotions”.

“To realise the full benefit of online markets consumers and businesses must be confident to engage online,” Mr Sims said.

Whilst not presented in the form of a prescriptive list that could be used to ascertain whether the ACCC will take on a matter, the priorities are listed that would seem to be a priority of sorts.

The ACCC’s Compliance and Enforcement Priorities for 2023 – 2024 are shown on webpage depicting a number of “consumer friendly icons”.   From top to bottom this list is as follows:

• environmental claims and sustainability;
• scam detection and disruption;
• consumer and fair trading issues in participating in the digital economy;
• unfair contract terms;
• competition and consumer issues stemming from essential services and energy and telecommunication;
• competition and pricing issues in the gas market and other legal obligations for wholesale gas markets;
• consumer guarantees to improve industry compliance with a focus on high value goods such as motor vehicles and caravans;
• competition and consumer issues in global and domestic chains with a focus on transport and logistics;
• competition and consumer issues relating to digital platforms;
• investigating anti-competitive conduct in the financial sector with a focus on payment services;
• exclusive arrangements by firms with market power that impact competition;
• protecting small businesses in sectors such as agriculture and franchising with competition and consumer laws and industry codes of conduct; and
• consumer product safety issues for young children with education initiatives.^[2]

Enduring Priorities

The ACCC states that the following are so detrimental to consumers that they will always prioritise them.

The are also five (5) ‘enduring priorities’ as follows:

• Cartel conduct;
• Anti-competitive conduct;
• Product safety;
• Consumers experiencing vulnerability or disadvantage; and
• Conduct impacting First Nations Australians.^[3]

Priority factors used to determine whether to pursue a matter

The ACCC has said that it will give priority to those matters that fall within their current priority areas and the following factors:

• “conduct that is of significant public interest or concern
• conduct that results in substantial consumer or small business detriment
• national conduct by large traders, recognising the potential for greater consumer detriment and the likelihood that conduct of large traders can influence other market participants
• conduct involving a significant new or emerging market issue or where our action is likely to have an educative or deterrent effect
• where our action will assist to clarify aspects of the law, especially newer provisions of the Act.”^[4]

Key takeaway for businesses

The ACCC’s 2023-24 Enforcement and Compliance Priorities outline the regulator’s enforcement agenda for the coming year.  Businesses should be aware of the priorities and ensure that their conduct does not end up on the ACCC’s radar.

Links and further references

Media release 3 March 2023: Compliance and enforcement priorities for 2022/23
ACCC 2023–24 Compliance and Enforcement Priorities

Further information about Australian Consumer law

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Disclaimer

This article contains general commentary only.  You should not rely on the commentary as legal advice.  Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.

[1] ACCC Media Release 3 March 2023 accessed at https://www.accc.gov.au/media-release/compliance-and-enforcement-priorities-for-2022-23.

[2] ACCC 2023–24 Compliance and Enforcement Priorities accessed at https://www.accc.gov.au/about-us/australian-competition-and-consumer-commission/our-priorities/compliance-and-enforcement-policy-and-priorities.

[3] Ibid 1.

[4] Ibid 2.

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