Fair dealings in the agriculture and supermarket sectors remain an ACCC enforcement priority in FY27

Australia's competition and consumer regulator has signalled that maintaining a fair balance of power in commercial negotiations in the agriculture sector remains an enforcement priority for the coming financial year.

The Australian Competition and Consumer Commission (ACCC) announced its enforcement priorities for the 2026-2027 financial year at a Committee for Economic Development of Australia (CEDA) event last week. Amongst those new and enduring priorities, ACCC Chair Gina Cass-Gottlieb stated that fair dealing for small business where power-imbalances may be "acute and the consequences long-lasting", reflected persistent concerns about the cost of living from consumers and small businesses. These areas of imbalance are where ACCC's focus will lie.

The ACCC's focus on supply arrangements with small businesses is reflected in the introduction and enforcement of industry codes. The ACCC announced in January that a new mandatory code of conduct for wine grape purchases will come into effect from 1 January 2027. It also announced that a second review of the Dairy Code of Conduct had recently been completed which concluded that the code has been successful in ensuring fair, equitable opportunities across the dairy industry.

There are 11 industry codes in addition to industry led (voluntary) codes, which include:

• Dairy Code of Conduct;

• Food and Grocery Code of Conduct;

• Horticulture Code of Conduct;

• Sugar Code of Conduct; and

• Unit Pricing Code of Conduct.

The ACCC also announced it will continue to prioritise competition issues in the supermarket and retail sectors, focusing on firms with market power and conduct that impacts small businesses, including use of unfair contract terms.

The protections afforded by competition and consumer laws and the application of small business industry codes of conduct, including in the agriculture sector, are an enduring priority for the ACCC.