Mackay Chapman September 2025 ACCC Update

In this month’s ACCC update:

• ACCC takes action against fresh produce suppliers for alleged price fixing
• Court upholds record penalty in BlueScope cartel case
• Owner of Noni B, Rivers, Katies brands ordered to pay penalties of $25M
• fScam losses on the rise despite ewer reports
• Google admits anti-competitive conduct in Australia
• Harvey Norman franchisor pays penalty for alleged franchising breach

Keep reading for more information and key details.

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ACCC takes action against fresh produce suppliers for alleged price fixing

The ACCC has started legal action against four suppliers and three senior executives for allegedly operating a price-fixing cartel. The group is accused of fixing the prices of various fresh vegetables, including broccoli, cauliflower, andzucchini, that were supplied to ALDI stores across three states between 2018 and 2024. 

The ACCC alleges the suppliers made arrangements to fix prices on at least 28 occasions. ACCC Chair Gina Cass-Gottlieb stated that businesses acting together instead ofcompeting can harm consumers and that the ACCC is committed to protecting competition in the fresh food supply chain. 

The ACCC is seeking significant civil penalties and disqualification orders against the individuals involved.

Court upholds record penalty in BlueScope cartel case

The Full Federal Court has dismissed appeals by BlueScope Steel and its former General Manager, Jason Ellis, upholding a previous decision on an ACCC cartelcase. 

The court found that between 2013 and 2014, BlueScope and Mr. Ellis attempted to form a price-fixing cartel with eight steel distributors and an overseas manufacturer. The ACCC argued that the conduct could have significantly harmed the economy and Australian customers. 

As a result ofthe court's decision, the $57.5 million penalty against BlueScope (the highest ever for a competition law breach in Australia) and a $500,000 penalty against Mr. Ellis remain in effect.

Owner of Noni B, Rivers, Katies brands ordered to pay penalties of $25M

The ACCC has successfully taken action against former fashion retailer Mosaic Brands, which has been ordered by the Federal Court to pay $25.05 million in penalties. 

The company, which is now in liquidation, owned well-known brands like Noni B, Rivers, and Katies. The penalty stems from two major consumer law breaches.

First, the Court found that over six months, Mosaic Brands failed to deliver almost 740,000 items within the delivery times promised on its websites, with over 4,200 of those items never being delivered at all. 

The ACCC stated that a quarter of all online orders from the company were affected by this issue, which was caused by deficient logistics and warehousing.

Second, the company was found to have misled customers by incorrectly stating on its websites that refunds for faulty goods were only available within six months of purchase, which is a misrepresentation of a consumer's rights under the Australian Consumer Law. 

The ACCC has warned that excessive delivery delays can result in penalties of this magnitude for any online retailer.

Scam losses on the rise despite fewer reports

Australians reported fewer scams in the first half of 2025, but total financial losses increased by 26% to approximately $174 million. This trend highlights that while fewer people are reporting scams, those who do are losing more money on average. 

A significant portion of these losses came from online shopping scams, fake websites, andsocial media ads. 

The National Anti-Scam Centre and the ACCC are promoting the stop, check, protect frameworkto help consumers avoid these scams.

Google admits anti-competitive conduct in Australia

The ACCC has launched Federal Court proceedings against Google Asia Pacific after thecompany admitted to anti-competitive conduct. 

Google has agreed to pay a $55 million penalty in relation to ‘understandings’ it reached with Telstra and Optus between 2019 and 2021. The agreements required the telcos to only pre-install Google Search on Android phones they sold, in exchange for a share of ad revenue. 

This practice,Google admitted, was likely to lessen competition. To resolve broader concerns, Google has also provided a court-enforceable undertaking to remove these pre-installation and default search restrictions from its contracts, creating more choice for Australian consumers.

Harvey Norman franchisor pays penalty for alleged franchising breach

A Harvey Norman franchisor in Queensland, HN Macgregor Franchisor Pty Ltd, has paid a $15,650 penalty after the ACCC issued an infringement notice. 

The ACCC alleges the company breached the Franchising Code of Conduct by failing to include mandatory information on the Franchise Disclosure Register before entering into an agreement with a new franchisee. 

The register is a tool to increase transparency and help prospective franchisees make informed decisions. ACCC Deputy Chair Catriona Lowe stated that a failure to publish up-to-date information on the register undermines its reliability and integrity. 

The ACCC has a current focus on protecting small businesses and will take enforcement actionagainst those who fail to comply with the code.

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.