Australia Doubles Competition Law Penalties to AU$100 Million Per Offense
Australia has raised maximum penalties for competition law breaches to AU$100 million per offense.
Why it matters: The sweeping increase raises the stakes for multinationals and their legal teams, requiring urgent reassessment of competition and consumer law compliance in Australia. Tougher enforcement means boards and senior managers face greater financial and reputational risk for violations.
- Treasury Laws Amendment commenced 28 March 2026, doubling penalties from AU$50m to AU$100m.
- Penalties apply to cartel conduct, misuse of market power, consumer law breaches, and more.
- The ACCC targets fines 'substantial enough to be noticed by boards and senior managers.'
- Unfair trading practices are now codified, increasing exposure for non-compliance.
Australia's Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026 came into effect on 28 March 2026, doubling the maximum penalty for a single contravention under the Competition and Consumer Act 2010 (CCA) and the Australian Consumer Law (ACL) from AU$50 million to AU$100 million.
- The new penalties target breaches such as cartel conduct, anti-competitive agreements, misuse of market power, exclusive dealing, resale price maintenance, and key consumer law violations including misleading representations and unconscionable conduct.
- This marks another milestone in a series of penalty hikes: in 2018, the maximum rose from AU$1.1 million to AU$10 million for companies, before escalating again in 2026.
- Rod Sims, ACCC Chair, emphasized, "Penalties need to hit the bottom line so they are not simply seen as the cost of doing business."
- The legislation also codifies the prohibition of unfair trading practices, putting additional focus on compliance measures for businesses operating in Australia.
The ACCC has signaled that these substantial increases are designed to deter anti-competitive and unfair conduct, ensuring that enforcement has a real impact on corporate behavior at the board level.
By the numbers:
- AU$100 million — New maximum penalty per offense under CCA and ACL
- AU$50 million — Prior maximum penalty before the 2026 amendment
- 28 March 2026 — Penalty increase took effect
Yes, but: Details on how these increased penalties have influenced corporate compliance rates since March 2026 are not yet available.