Australian Competition Regulator Asserts Its Authority

The Australian Competition and Consumer Commission (ACCC) is increasingly asserting its influence in regulating competition and consumer protection. This shift was highlighted by legal experts interviewed during research for the 2025 guide. One law firm partner noted that new personnel at the commission were “driving quite a subtle but noticeable shift in how the ACCC does its work,” while another noted that it is "just being a lot more rigorous and a lot tougher." The sentiment was perhaps best captured by an interviewee who commented: “Engagement with the ACCC has become a lot more intense.”

Key figures in this shift have been former Gilbert + Tobin partner Gina Cass-Gottlieb as chair of the regulator and Liza Carver, who left Herbert Smith Freehills to become a commissioner. Both enjoyed formidable reputations in private practice and had been awarded Chambers’ coveted Star ranking. Their leadership is driving a more rigorous approach to enforcement and regulatory oversight.

The regulator has continued to examine environmental and sustainability claims, with greenwashing investigations still a focus. Services that impact the cost of living, such as electricity, gas and telecommunications have come under scrutiny too, as have fair trading issues, both in supermarkets and online. The aviation sector has also attracted attention, with airlines finding themselves in the commission’s crosshairs.

One frequently mentioned issue in our interviews was anticipated change to Australia’s merger control regime, with some firms reporting that they were already looking to scale up their practices.

It was noted how busy the commission had been on this front, opposing significant merger activity. One interviewee reported: “ACCC is being very aggressive on merger reforms.”

On 10 October, the Federal Government introduced the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill to Parliament. The bill will implement a mandatory and suspensory merger control system, meaning that transactions cannot be completed until they receive approval, under which the ACCC will have greater oversight and control over anti-competitive mergers.

With the new system set to come into effect at the beginning of 2026, we watch with interest to see how firms position themselves and to what extent they look to scale up their practices over the year ahead.