Mackay Chapman February ACCC Update
In this month’s ACCC update:
- Car rental platform pays penalty over concerning pricing representations
- WiseTech to divest Expedient following ACCC investigation
- ACCC authorises joint procurement of Sydney organic waste bio-refinery
- Romance scam losses surge as Australians urged to talk before Valentine’s Day
- ACCC refers Ampol’s acquisition of EG Australia to Phase 2 review
We break each story down below.
Car rental platform pays penalty over concerning pricing representations
The ACCC has issued two infringement notices to SIA Booking Group Corporation, which operates the online car rental platform EconomyBookings, resulting in total penalties of $39,600.
The regulator alleges the company breached Australian Consumer Law in the way it presented pricing during the online booking process for Australian consumers.
According to the ACCC, EconomyBookings failed to prominently display the total rental price as a single figure early in the booking journey. Instead, the headline price did not clearly incorporate pre-selected optional extras, despite those extras being automatically included (unless manually removed).
The optional add-ons included services such as last minute cancellations, roadside assistance and full-coverage insurance.
In one example cited by the regulator, a car was initially displayed at $147.10, but the final price charged (once the pre-selected extras were factored in) was $315.04.
The ACCC emphasised that businesses supplying goods or services to Australian consumers must clearly present the total price payable, inclusive of any automatically selected options.
WiseTech to divest Expedient following ACCC investigation
The ACCC has accepted a court-enforceable undertaking requiring WiseTech Global and its subsidiary (BluJay Solutions Australia) to divest the logistics software business Expedient, following competition concerns arising from WiseTech’s acquisition of e2open Parent Holdings in August 2025.
Although WiseTech informed the ACCC of the transaction, it completed the acquisition before the regulator finalised its review.
The ACCC subsequently commenced an enforcement investigation, and concluded that combining WiseTech’s CargoWise platform with Expedient removed a key competitive constraint in the market, particularly in customs clearance functionality.
Under the section 87B undertaking, Expedient must be sold to an ACCC-approved purchaser capable of operating it as a viable, long-term competitor.
The matter highlights the transition to Australia’s new mandatory merger regime, which commenced on 1 January 2026. Under the new framework, acquisitions meeting prescribed thresholds must receive ACCC clearance before completion.
The ACCC retains powers to investigate below-threshold acquisitions where competition risks arise.
ACCC authorises joint procurement of Sydney organic waste bio-refinery
The ACCC has granted authorisation to Sydney Water Corporation and three local councils (Campbelltown City, Wingecarribee Shire and Wollondilly Shire) to collaborate on the procurement and development of an organic waste bio-refinery in south-western Sydney.
The authorisation permits the parties to jointly assess proposals from prospective developers, negotiate non-exclusive long-term supply agreements, and enter into and implement those agreements.
The proposed facility will process food and garden organics alongside wastewater by-products, contributing to waste diversion and resource recovery objectives.
Ordinarily, joint procurement and collective negotiations between separate entities may raise competition concerns. However, under the Competition and Consumer Act, the ACCC can authorise conduct where the likely public benefits outweigh any public detriment.
In this case, the ACCC concluded the collaboration is expected to generate net public benefits:
- Improved waste management outcomes
- Potential environmental gains
- Efficiencies arising from coordinated procurement and supply arrangements
The authorisation has been granted until 31 December 2052, providing long-term regulatory certainty for the project’s development and operation.
Romance scam losses surge as Australians urged to talk before Valentine’s Day
New data released by the National Anti-Scam Centre shows romance scams resulted in more than $28.6 million in reported losses during 2025, marking a 21.8% increase compared with the previous year.
A total of 1,330 Australians reported financial harm, with the majority of contact occurring via social media, dating platforms and online forums. Online channels accounted for more than 80% of total losses.
The ACCC warns that offenders typically cultivate rapid emotional connections, shift conversations to private messaging platforms, avoid in-person meetings and gradually introduce requests for money, gifts or cryptocurrency.
Pressure tactics and requests for secrecy are common features.
Victims are urged to contact their bank immediately and report incidents to Scamwatch, with additional support available through IDCARE, Lifeline and Beyond Blue.
ACCC refers Ampol’s acquisition of EG Australia to Phase 2 review
The ACCC has moved Ampol Retail Holding Pty Ltd’s proposed acquisition of EG Australia into a Phase 2 review under Australia’s new merger control regime, signalling preliminary concerns that the transaction could substantially lessen competition in fuel retailing.
Ampol and EG Australia both operate petrol and diesel retail sites nationwide. The ACCC identified 115 EG sites where local competition concerns may arise, and also expressed concerns about potential metropolitan-wide impacts in Brisbane, Canberra, Melbourne and Sydney.
While Ampol offered to divest 19 sites, the ACCC determined this proposal did not sufficiently address the identified competition risks. As a result, the regulator will conduct a more detailed assessment before reaching a final decision.
The ACCC has invited submissions in response to its Phase 2 Notice, with stakeholder feedback forming part of the in-depth review process.
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.
