Price fixing is more than a headline-grabbing legal term — it’s a practice that can hit Australian wallets, shape business competition, and land companies in serious hot water. As 2025 unfolds, a string of high-profile investigations and new policy tweaks have brought price fixing into sharper focus. But what exactly is price fixing, how does it affect you, and what’s changed in the law this year? Let’s break it down.
What Is Price Fixing — and Why Does It Matter?
Price fixing occurs when competitors agree on prices rather than competing in the market. This collusion can take many forms, from direct agreements to set a minimum price on goods, to subtler arrangements like agreeing to limit discounts or fix credit terms. The result? Less competition, higher prices for consumers, and an unfair playing field for businesses playing by the rules.
In Australia, price fixing is a criminal offence under the Competition and Consumer Act 2010. The Australian Competition and Consumer Commission (ACCC) has the power to investigate and prosecute companies and individuals engaged in these illegal arrangements.
- Direct price fixing: Competitors agree to charge the same or similar prices.
- Bid rigging: Colluding to manipulate the outcome of tenders or auctions.
- Market sharing: Dividing markets to avoid competition.
2025 Policy Updates and Notable Cases
This year, the ACCC ramped up enforcement, with amendments to the penalty regime and increased whistleblower protections coming into effect in January 2025. The maximum penalty for corporations found guilty of price fixing now sits at the greater of $50 million or three times the benefit obtained — a sharp rise from previous years.
Recent cases making headlines include:
- National Grocery Chain Investigation: In March 2025, the ACCC launched proceedings against two major supermarket brands for allegedly coordinating prices on everyday essentials. The case is ongoing, but early findings point to text message exchanges between senior managers discussing price points for bread and milk.
- Building Materials Cartel: In February 2025, a consortium of construction suppliers was fined a record $80 million after admitting to fixing the price of concrete across multiple states. The impact? Higher costs for builders and, ultimately, home buyers.
Beyond these big names, the ACCC’s 2025 enforcement report shows a rise in whistleblower tips, thanks to new protections. Businesses are being urged to review their compliance programs and educate staff about the risks of anti-competitive conduct.
How Price Fixing Impacts Australians — and What to Watch For
Price fixing doesn’t just affect big business — it ripples through the economy and hits everyday Australians at the checkout. Here’s what to look out for:
- Unexplained price jumps: If prices for similar goods rise in lockstep across brands, it could be a red flag.
- Identical bids: In government tenders or large contracts, identical bids or rotating winners may signal collusion.
- Lack of competition: When there’s little price difference between competitors, healthy rivalry may be missing.
For small businesses, the stakes are high. Even being unwittingly involved in a cartel can result in hefty fines, reputational damage, and loss of public trust. The ACCC’s 2025 campaign encourages anonymous reporting and provides educational resources for business owners.
Staying on the Right Side of the Law
With enforcement ramping up, all businesses — from large corporates to sole traders — need to ensure compliance with anti-cartel laws. Key steps include:
- Implementing robust compliance training for staff and executives.
- Reviewing pricing, tendering, and supplier agreements for risk factors.
- Establishing clear reporting channels for concerns or whistleblowing.
For consumers, staying aware of market trends and reporting suspicious pricing can help keep markets fair and competitive.
