Coordination in a crisis: ACCC receives extended authorisation powers
On 13 May 2026, and with limited prior notice, the Federal Government introduced into the Senate the Competition and Consumer Amendment (Responding to Exceptional Circumstances) Bill 2026, proposing a significant expansion of the ACCC’s powers to authorise coordination between competitors during crisis conditions. After passing the Senate the next day, it passed the House of […]
ReadmoreConsumer Express | May 2026 Edition
In the May 2026 edition of Consumer Express, we unpack the legal developments most relevant to businesses operating in an increasingly complex consumer environment, with a focus on the regulatory reforms and emerging risks shaping the landscape ahead. This edition covers the Federal Government’s proposed prohibition on unfair trading practices, including new rules targeting subscription […]
ReadmoreACCC v Coles: When ‘Was/Now’ pricing crosses the line
The Federal Court’s recent judgment in Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd provides a detailed, fact‑sensitive framework for assessing dual‑price promotions. The decision is important for retailers and suppliers because it explains how courts will evaluate whether a “Was” price supports a consumer’s reasonable inference that a later “Now” price […]
ReadmoreDoubled maximum penalties for competition and consumer law breaches raise compliance stakes
In response to rising fuel prices, the Federal Government has significantly increased the financial consequences of not complying with Australian competition and consumer law by, most notably, doubling one limb of the maximum financial penalties from $50m to $100m per contravention. This follows on from a significant increase in penalties in 2022. While the Treasury […]
ReadmoreTripping the wire: New voting power triggers in Australia’s merger control regime
The number of transactions caught by Australia’s new merger control regime is set to expand considerably. While much attention has focused on Australia’s shift to mandatory merger notification, the introduction of new voting power thresholds under the new regime creates tripwire risks for dealmakers. On 1 April 2026, share acquisitions that complete on or after […]
ReadmoreAustralian mandatory merger control: Key implications
The introduction of mandatory merger control in Australia introduces the biggest change in Australian deal mechanisms in decades. From 1 January 2026, Australia moved from a largely voluntary merger clearance system to a mandatory merger control regime. Certain acquisitions of shares, units or assets that meet prescribed thresholds must be notified to the Australian Competition […]
ReadmoreAustralian M&A: A review of 2025 and outlook for 2026
In 2025, Gadens’ Corporate team advised on over 50 M&A transactions totalling more than AUD3.8 billion. This marked an increase on 2024 and reflects the breadth of our involvement across the Australian M&A market throughout the year. In this year’s edition of our Australian M&A review, we examine the key trends and developments that shaped […]
ReadmoreNew prohibitions on unfair trading practices on the horizon
Following the release of two Decision Regulation Impact Statements (DRISs) in December that proposed significant reforms to the Australian Consumer Law (ACL), the Australian Government is following through with the first tranche of those reforms, releasing draft legislation that targets unfair subscription practices, ‘drip pricing’ and conduct that unreasonably distorts the decision environment for the […]
ReadmoreBattle of the Brands: Bed Bath ‘N’ Table Triumphs in Landmark High Court Decision
In Bed Bath ‘N’ Table v Global Retail Brands Australia Pty Ltd HCA 50, the High Court of Australia has set aside a judgment of the Full Federal Court and upheld an appeal by Bed Bath ‘N’ Table Ltd (BBNT) in a dispute concerning a competitor’s use the below mark (House B&B Mark). […]
ReadmoreMandatory merger rules are now set
The final ground rules for Australia’s mandatory, suspensory merger notification regime are now set following the Australian Government’s registration of the Competition and Consumer (Notification of Acquisitions) Amendment (2025 Measures No. 1) Determination 2025 (the Amendment Determination). The Amendment Determination provides welcome, but incomplete, relief to acquisitions of interests in land and other targeted exemptions. It also […]
ReadmoreAustralia launches AI Safety Institute and releases National AI Plan
The Labor government has recently announced the launch of the Australian AI Safety Institute (AISI), a national watchdog dedicated to ensuring the safe and responsible development of AI in Australia. The government will begin rolling out the AISI in early 2026. The AISI has been developed to oversee the deployment and regulation of AI technology […]
ReadmoreConsumer Express | October 2025 Edition
In the October 2025 edition of Consumer Express, we explore the latest legal and regulatory developments impacting the consumer sector, with a focus on the emerging trends and challenges our clients are navigating. This edition covers the continued growth in online retail spending, driven by the rise of mobile-first shopping experiences, as well as the […]
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