Australian Trade Practices Reforms

Australia’s trade practices and competition laws are entering into yet another period of significant change, and it is a good time for businesses to start paying close attention.

Recent reforms have already reshaped the Competition and Consumer Act, including the move to mandatory merger notification and approval for certain acquisitions from January 2026. This represents a major shift from the long-standing voluntary merger clearance regime and will have practical impacts on transaction timing and deal planning.

In addition, the federal government has introduced legislation to prohibit unfair trading practices, including:

1.       broad new prohibition aimed at conduct that harms consumers;

2.       targeted reforms addressing unfair subscription practices; and

3.       enhanced protections against ‘drip pricing’ and other transaction‑based charges.

If passed, these changes are expected to apply from 1 July 2027 and will add to existing consumer protections under the Australian Consumer Law (ACL).

Breaches of the new prohibitions would attract substantial civil penalties, consistent with the ACL’s penalty framework.  This reflects an ongoing focus on deterrence and stronger enforcement.

Alongside these measures, Treasury and governments across Australia continue to consult on broader competition policy reforms, including how regulation and market settings can better promote competition over the long term.

For boards, executives and in house teams, the message is clear. Trade practices compliance is no longer static. Understanding how these changes interact, and how they affect commercial strategy, transactions and consumer facing conduct, will be critical over the coming year.

If you want any assistance with preparing for the upcoming changes or complying with the current law, contact is on info@gablelawyers.com.au or 0478 041 646.

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