MARKET WATCH: The ACCC’s compliance and enforcement priorities for 2022/23

Misuse of marketing funds by Retail Food Group.

The ACCC’s compliance and enforcement priorities for 2022/23


Franchises, it’s that time of year again – the release of the Australian Competition & Consumer Commission’s (ACCC) compliance and enforcement priorities for 2022/23.

These priorities are a definitive guide to what the ACCC will be particularly focussed on in the year ahead.
Priorities in the spotlight that you need to know to avoid falling foul of the ACCC are:

    • Consumer and fair trading issues related to:
      – environmental claims and sustainability
      – manipulative or deceptive advertising and marketing practices in the digital economy
      – the COVID-19 pandemic
    • Competition and consumer issues related to pricing and selling of essential services
    • Empowering consumers and improving industry compliance with consumer guarantees (particularly high value goods including motor vehicles and caravans)
    • Competition and consumer issues related to digital platforms
    • Competition issues in global and domestic supply chains (with a focus on COVID-19 related disruptions)
    • Promoting competition and investigating allegations of anti-competitive conduct in the financial services sector (particularly payment services)
    • Exclusive arrangements by firms with market power that impact competition
    • Ensuring that small businesses receive competition and consumer
    • Law protections and industry codes of conduct, including in agriculture and franchising
    • Compliance with the button battery safety standards
    • Consumer product safety issues for young children (particularly compliance, enforcement, and education initiatives)

Enduring priorities

These priorities remain an ongoing focus of the ACCC:

    • Cartel conduct
    • Anti-competitive conduct
    • Product safety
    • Consumers experiencing vulnerability or disadvantage
    • Conduct impacting Indigenous Australians

What could happen if you fall foul of the ACCC?

The ACCC ensures compliance via a number of different mechanisms. Conduct determined as lower risk may be subject to an administrative resolution in the form of an agreement stipulating measures that the business will adhere to, to ensure future compliance.

More serious contraventions may be subject to infringement notices, court enforceable undertakings and litigation. The ACCC may also work with businesses to educate them, place businesses on notice regarding further action that may take place if they do not comply.

If the matter has been rectified promptly and effectively, the ACCC may choose to deal with it through less formal processes.

Learn more about the ACCC’s priorities. For more information or if you have any questions or concerns, please contact our expert team, we are here to help.

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