Australia: Antitrust/Competition Law

This edition of the K&L Gates Competition and Consumer Law Round-Up examines recent enforcement actions by the Australian Competition and Consumer Commission, including greenwashing allegations, misleading pricing investigations, and record penalties for horticulture code breaches. The newsletter also covers significant merger reviews, authorisations for industry collaborations, and emerging regulatory developments affecting digital platforms and supply chain disruptions.

Australia's mandatory merger notification regime, which began in January 2026, is already facing proposed amendments just six months into operation. The government seeks to refine key aspects including how non-notified acquisitions are handled, extending clearance periods, and clarifying notification requirements for minority investments.

The Australian Competition and Consumer Commission has issued its first formal rejection under the country's new mandatory merger regime, blocking Coles' proposed acquisition of a leasehold interest for a supermarket development in Kalgoorlie. This landmark decision signals a significant shift in how regulators will scrutinize supermarket expansion projects, particularly in regional markets, and raises critical questions about the competitive implications of greenfield developments that don't involve acquir