Commerce Commission’s refreshed priorities

The Commerce Commission (Commission) released its refreshed 2025/26 enforcement and compliance priorities in late August this year. Each year the Commission sets out its annual priorities indicating where resources and litigation funding will be focused.
The setting of these priorities can be informed by issues that emerge from complaints or feedback from the public and consumer representatives, as well as the Commission’s intelligence gathering work. The Commission’s updated priorities for 2025/26 year includes the following.
Cartel conduct: Priority will be given here particularly in relation to the procurement of public services and infrastructure contracts, to protect the integrity of the competitive process where public funds are being expended.
Online sales conduct: Such as, fake reviews, misleading scarcity claims (only 3 left!), misleading social proof sales tactics claiming other consumers are making purchases, drip pricing using an initial low price with additional fees added at purchase, and subscription traps which make cancelling difficult.
Breaches in the grocery sector: Illegal sales practices, such as misleading pricing and promotions that do not represent genuine savings will be targeted, as well as obligations to promote competition (e.g. wholesale access).
Breaches in the telecommunications sector: This includes monitoring technology transitions (e.g. the 3G networks shutdown) to ensure the transitions are consumer focused, with action taken where false, misleading or deceptive marketing, sales or billing practices are found.
Motor vehicle sales and finance: Action will be taken where dealers are not meeting their obligations under the Fair Trading Act and where responsible lending practices under the Credit Contracts and Consumer Finance Act are not being followed; particularly where credit is being provided to vulnerable consumers.
Unconscionable conduct: This encompasses behaviour that substantially departs from accepted or expected standards of business behaviour. This is a relatively new prohibition under the Fair Trading Act but one the Commission will be looking to take action to develop the law. This conduct can include, whether an affected person was able to understand any documents provided to them, or the use of undue influence, pressure or unfair tactics.
The Commission points out that these priorities are not the only areas they can be expected to take action, as they remain committed to their long-term enduring priorities which are: cartel conduct, anti-competitive conduct, market and economic regulation functions, product safety, and the protection of vulnerable consumer groups.