Australian regulators set strategic priorities for 2025–26 amid major regulatory reform
4 min read
The Australian Competition and Consumer Commission (ACCC) and the Australian Energy Regulator (AER) have jointly released their 2025–26 Corporate Plan, outlining their strategic priorities in a year of significant reform. The plan reflects both agencies' commitment to promoting competition, protecting consumers, and ensuring efficient regulation of essential services.
ACCC Strategic Objectives
The ACCC's strategic focus for 2025–26 is shaped by the evolving regulatory landscape, including the introduction of a mandatory merger control regime and the increasing complexity of digital and concentrated markets. Its objectives reflect a commitment to proactive enforcement, consumer protection, and institutional capability, which is reflective of its Compliance and Enforcement Priorities released in February.
Strengthening Competition Enforcement
The ACCC will continue to investigate and act against anti-competitive conduct, targeting conduct that undermines consumer trust or entrenches market power. Its current focus is on essential services, such as supermarkets and retail, telecommunications, and energy markets. It is proposing to complete 15 in-depth competition investigations in 2025-26, resolving 6 of these by way of litigation, court enforceable undertakings or administrative resolutions.1
Implementing Mandatory Merger Control
A central priority is the transition to a mandatory, suspensory merger regime. From 1 January 2026, parties will be required to notify the ACCC of transactions meeting specified thresholds. The ACCC will be the primary decision-maker, with powers to block mergers that substantially lessen competition (see further details on the mandatory merger control regime here).
Regulating Digital Markets and Data Sharing
The ACCC will continue to advocate for reforms to regulation of digital markets and address "emerging harms across the digital economy in more coordinated and proactive ways".2 It will look to use its Consumer Data Right and Digital ID frameworks to improve competition and choice by empowering consumers to choose when and how their personal information is shared.
Enhancing Consumer Protection
The ACCC will target misleading conduct, unfair contract terms and scams, particularly those affecting vulnerable consumers. It will also look to sector-specific regulation (e.g., Food and Grocery Code of Conduct) to promote fair trading between market participants and ensure that consumers and competition is protected through enforcement of false or misleading conduct, with sustainability and greenwashing claims a focus given its pivotal role in supporting the net zero transition.
Ensuring Product Safety
Product safety remains a priority, with regulation, education, compliance and enforcement actions aimed at reducing harm from unsafe goods, especially in online marketplaces.
Infrastructure and Market Monitoring
The ACCC will maintain its regulatory role in monopoly infrastructure sectors and monitor concentrated markets to promote the long-term consumer interests. Significant areas of focus include airlines, airports, communications, electricity, fuel, gas, water, rail and ports. It will also continue to engage with Treasury on the National Competition Policy Review, which aims to promote widespread economic productivity.
Cooperation and Collaboration
The ACCC will seek to maximise its effectiveness as a multi-function national regulator with an economy-wide remit through collaboration with other Australian, State-based and International regulators, while engaging with stakeholders to ensure that it is staying informed, operating inclusively and demonstrates its values of being independent, strategic and trustworthy.
AER Strategic Objectives
The AER's strategic priorities for 2025–26 reflect its role in overseeing Australia's energy markets and supporting the national transition to a low-emissions economy. Its objectives are focused on ensuring efficient market operation, ultimately protecting energy consumers, and enabling investment in clean energy infrastructure.
Protecting Energy Consumers
The AER will increase choice and enhance protections for energy consumers – particularly those experiencing vulnerability – through improved access to information, dispute resolution, and affordability measures.
Promoting Efficient Energy Markets
The AER will continue to regulate wholesale and retail energy markets to ensure they operate efficiently and deliver value to consumers. This includes monitoring compliance and enforcement under the National Energy Rules.
Regulation of Monopoly Utility Infrastructure
The AER will continue to regulate electricity networks and gas pipelines by setting revenue caps for regulated services. The AER also regulates the development of Renewable Energy Zones, which house clusters of large-scale renewable energy projects. Its focus for the next regulatory control period will be on "the large increase in capital and operating expenditure arising from forecast demand growth and the energy transition"3 while balancing the necessary expenditure by networks with affordability.
Supporting the Energy Transition
The AER is focused on facilitating Australia's transition to net zero by supporting investment in renewable energy infrastructure and ensuring regulatory frameworks are fit for purpose.
Implications for Business
The ACCC and AER's 2025–26 agenda signals a proactive and coordinated approach to regulation across competition, consumer protection and energy markets. Businesses operating in Australia – particularly those involved in mergers and acquisitions, digital platforms or energy and infrastructure – are identified as key areas of focus and should be prepared for increased scrutiny and engagement with regulators.
1 ACCC and AER Corporate Plan 2025-25, at p.17.
2 As above. at p.3.
3 As above, at p.39.
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This article is prepared for the general information of interested persons. It is not, and does not attempt to be, comprehensive in nature. Due to the general nature of its content, it should not be regarded as legal advice.
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