Mackay Chapman June ACCC Update

In this month’s ACCC update:

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• Coles and Brownes face Dairy Code enforcement action
• Scam losses fall, but online fraud remains a $248 million problem
• Draft approval for updated New Energy Tech Consumer Code
• Faster competition law exemptions for emergencies
• Kogan, eBay and Amazon face scrutiny over dangerous magnetic toys

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Read more below.

Coles and Brownes face Dairy Code enforcement action

Coles and Brownes Foods have each paid infringement notice penalties after the ACCC alleged breaches of the Dairy Code of Conduct.

The ACCC alleges Coles published milk supply agreements that required farmers to supply milk exclusively to Coles while also imposing caps on production volumes. 

Brownes was alleged to have published agreements that did not clearly set out minimum prices across the supply period or adequately explain how those prices were determined.

The regulator shows continued scrutiny of contractual documentation, disclosure obligations and transparency requirements in regulated sectors.

Scam losses fall, but online fraud remains a $248 million problem

Australians reported more than $248 million in scam losses during the first quarter of 2026, according to new figures released by the National Anti-Scam Centre.

While both scam reports and reported losses declined compared to the same period last year, online scams remained the largest source of financial harm. 

Scamwatch data found that Australians lost $38.3 million through websites, social media, online advertisements and mobile applications, while investment scams generated the highest overall losses at $45.5 million.

The National Anti-Scam Centre disrupted more than 5,800 scam websites during the quarter, including almost 2,000 fake gambling websites, and referred hundreds of Facebook advertisements and profiles for investigation.

Draft approval for updated New Energy Tech Consumer Code

The ACCC has issued a draft determination proposing to authorise amendments to the New Energy Tech Consumer Code, a voluntary industry code governing the supply of products such as solar systems and battery storage solutions.

The proposed authorisation would allow the Clean Energy Council, the Code Council and participating businesses to continue operating under the code while transitioning to an updated framework. 

The ACCC considers the likely public benefits to outweigh any competition concerns, although it noted the assessment was finely balanced.

Faster competition law exemptions for emergencies

Businesses responding to natural disasters, major supply chain disruptions and other national emergencies may soon find it easier to coordinate with competitors following legislative changes that expand the ACCC's exemption powers.

The new framework allows the ACCC to fast-track competition law exemptions where coordination is necessary to respond to a declared national emergency or other exceptional circumstances. The changes are designed to support activities such as maintaining essential supplies, managing critical infrastructure disruptions or coordinating recovery efforts.

The amendments formalise arrangements that were used extensively during the COVID-19 pandemic, when the ACCC granted urgent interim authorisations across sectors including banking, supermarkets, healthcare and logistics.

Kogan, eBay and Amazon face scrutiny over dangerous magnetic toys

The ACCC has issued takedown requests to Amazon, eBay, Kogan and Fruugo after identifying toys and games containing banned high-powered magnets being offered to Australian consumers online.

The products, commonly marketed as magnetic chess or magnetic battle games, contain small powerful magnets that can cause catastrophic internal injuries if swallowed. 

The ACCC has raised concerns that some products may breach Australia's permanent ban on certain loose high-powered magnets or fail to comply with mandatory toy safety standards.

Earlier this year, the regulator commenced proceedings against Amazon relating to button battery compliance. 

The contents of this article do not constitute legal advice and it is not intended to be a substitute for legal advice and should not be relied upon as such.  It is designed and intended as general information in summary form, current at the time of publication, for general informational purposes only.  You should seek legal advice or other professional advice in relation to any particular legal matters you or your organisation may have.

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