Sims said the biggest challenges facing the consumer watchdog in 2017
included misleading and deceptive practices, and anti-competitive conduct.
"Our market economy works badly when consumers are misled, when there are
unlawful restrictions on competition, and when there are cartels," he said.
"Consumers feel aggrieved, for example, when they are lied to about
products, when confronted with drip pricing and when consumer guarantees on
goods and services are not honoured."
Private health funds put on notice
Sims has put private health funds on notice, saying that the ACCC will be
"intensifying our focus" on the industry. The ACCC is currently pursuing
action against Medibank in the Federal Court for allegedly failing to tell
their members about reductions in their cover level, a practice Sims
believes is "widespread" throughout the industry.
"The industry seems to think that provided it complies with health
insurance laws – which are lengthy – that that's fine," he said. "We are
seeing a number of companies that have changed policies without notifying
people, and where there's been significant detriment caused we are going to
"I think you will see a couple more private health insurance companies
before the courts before the year's out, and hopefully that will get the
Ensuring consumer protections in services
Sims said the ACCC is getting ready to "take consumer guarantees into more
complex areas", including the new car market, telco service failures and – off the back of a CHOICE super complaint – the airline industry.
"CHOICE has raised with the ACCC several concerns related to the conduct of
airlines. Some of these go to the application of consumer guarantees,
appropriate remedies and getting what you paid for," he said. "These
matters were already on our radar but the CHOICE complaint has reinforced
"It's great news that just two months after we launched our super complaint
into the shonky practices of Australia's major domestic airlines, the
regulator has decided to investigate," says CHOICE director of campaigns, communications and content, Matt Levey.
"From repeatedly informing travellers they have no refund rights to a lack
of redress when flights are delayed and cancelled, domestic airlines have
been flying below the radar for too long when it comes to consumer
Big business: we've got our eye on you
Sims used the speech to reinforce his view that the ACCC's role is
predominantly to keep an eye on big business, saying the best deterrent
against bad behaviour is strong penalties for wrongdoers.
"In 2017 we will be making concerted efforts to ensure that the penalties
we seek make larger companies and individuals who work in them consider
their business practices, and how their business practices meet their
obligations under competition and consumer law," he said.
He said it was encouraging to see the courts giving larger financial
penalties to corporations, citing ACCC's successful appeal against Reckitt
Benckiser's original fine for its "targeted" Nurofen products.
The ACCC's "well advanced" investigations into cartels and other
anti-competitive conduct will also be ramped up, with more prosecutions
expected this year. "Unfortunately, it's clear to me that the message is
not getting through," said Sims. "I fear that only jail sentences for
individuals in prominent companies will send the appropriate deterrence messages."
Country of origin labelling:
"Over the next 16 months we will continue our education activities to
support businesses during the transition period for new country of origin
labelling laws. Consumers expect clear and truthful information about where
their food comes from. They are indignant when they do not get this."
Sims said car repairs need to be looked at not just under the manufacturer's warranty, but through the lens of the consumer guarantee: "How many times
do you have to fix a transmission before it becomes a major fault?"
However, Sims does not support lemon laws, saying the ACL provides adequate
Broadband speed claims: The ACCC is working with government to introduce a broadband performance
monitoring and reporting program, to "test speeds and see who is at fault
[for substandard service]: NBN Co or the provider."
"This year we will be looking closely at misleading behaviour that may be
driven by sales commissions including those paid to third-party marketing
firms." Areas of concern include industries "that enjoy a high level of
trust with consumers and where the existence of commissions may not always
be expected. For example third-party marketing of charities and the supply
of health services or associated products".