Mackay Chapman December 2025 ACCC Update
In this month’s ACCC update:
- Google ordered to pay $55m for anti-competitive conduct
- Australians lose $260m to scams in 2025 as shopping scams surge
- ACCC publishes statement on WACC methodology for regulated infrastructure
- Microsoft sued for allegedly misleading 2.7 million Australians on 365 subscription options
- Luke Woodward appointed ACCC Commissioner
- ACCC takes court action against fresh produce suppliers for alleged price-fixing cartel
Keep reading for more information and key details.
Google ordered to pay $55m for anti-competitive conduct
The Federal Court has ordered Google Asia Pacific to pay $55 million in penalties after admitting it engaged in anti-competitive conduct by requiring Telstra and Optus to exclusively pre-install Google Search on Android devices sold between 2019 and 2021.
In return, the telcos received a share of advertising revenue generated through Google Search. The arrangements had the likely effect of substantially lessening competition by locking out rival search engines.
The ACCC says the outcome opens the door for greater search-engine choice on Android devices, including emerging AI-driven competitors, and reinforces that exclusive pre-installation arrangements that hinder competition will attract penalties.
Australians lose $260m to scams in 2025 as shopping scams surge
Australians reported $259.5 million in scam losses in the first nine months of 2025, with online shopping scams rising sharply ahead of Black Friday.
Key findings from the National Anti-Scam Centre:
- 159,319 scam reports lodged between January and September
- $8.6m lost to shopping scams (up 19% YoY)
- Online content (fake sites, social ads, apps) accounted for $122m in losses
- Significant increases in losses among people with a disability (+12%), ESL communities (+35%), and First Nations people (+50%)
Compromised social media accounts continue to fuel scams, with criminals impersonating friends and family to sell fake tickets, run “fire sales”, or extract one-time passcodes.
The ACCC urges consumers to verify all online communications and remain alert during peak shopping periods.
ACCC publishes statement on WACC methodology for regulated infrastructure
The ACCC has released a new statement outlining its preferred weighted average cost of capital (WACC) methodology for use across its regulatory functions.
The statement aims to provide greater transparency to regulated entities, increase predictability and efficiency in regulatory decisions, and support efficient investment in essential infrastructure.
The ACCC will consult on the methodology when applying it to specific decisions (e.g., NBN modules, telecommunications access determinations) and will periodically update it to reflect market conditions.
Microsoft sued for allegedly misleading 2.7 million Australians on 365 subscription options
The ACCC has commenced proceedings against Microsoft Australia and Microsoft Corporation, alleging they misled approximately 2.7 million Microsoft 365 Personal and Family subscribers during the rollout of Copilot.
The ACCC alleges Microsoft told consumers they must accept Copilot and higher subscription prices, or cancel. What they failed to reveal was an available third option (the Classic plans), which preserved existing features at a lower cost.
Annual prices increased from $109 to $159 for personal plans and from $139 to $179 for family plans.
The ACCC argues many consumers would have chosen the Classic plan had they been aware of its availability.
The regulator is seeking penalties, injunctions, declarations, costs, and consumer redress.
Luke Woodward appointed ACCC Commissioner
Competition and consumer law specialist Luke Woodward has been appointed as an ACCC Commissioner for a five-year term from 10 October 2025.
Woodward previously held senior roles at the ACCC from 1993 to 2000, and was most recently national head of competition law at King & Wood Mallesons.
ACCC Chair Gina Cass-Gottlieb says his litigation and regulatory expertise will strengthen the Commission’s enforcement and merger oversight capabilities.
He fills the vacancy left by former Commissioner Liza Carver.
ACCC takes court action against fresh produce suppliers for alleged price-fixing cartel
The ACCC has launched civil proceedings against four suppliers and three executives for alleged price-fixing in fresh vegetable supply to ALDI between 2018 and 2024.
The alleged conduct involved coordinating prices for broccoli, cauliflower, iceberg lettuce, cucumbers, Brussels sprouts, and zucchini across New South Wales, Victoria, and Queensland.
The ACCC alleges 28 instances of arrangements to fix or maintain prices and 48 cases in which suppliers submitted pricing to ALDI in line with those arrangements.
Respondents include Perfection Fresh, Hydro Produce, Velisha entities, Fragapane Farms, and senior executives. The ACCC is seeking civil penalties, disqualification orders, and compliance measures.
The regulator notes cartel conduct in essential food supply chains is a continuing enforcement priority.
The contents of this article and any linked articles do not constitute legal advice, are not intended to be a substitute for legal advice, and should not be relied upon as such. They are designed and intended as general information in summary form, current at publication, for general informational purposes only. You should seek legal or other professional advice concerning any particular legal matters you or your organisation may have.
