ABC News has turned its lens on the ongoing Federal Court proceedings brought by the Australian Competition and Consumer Commission (ACCC) against Coles Supermarkets. The case sits at the intersection of consumer law, regulatory enforcement, and mass litigation.
The ACCC alleges Coles engaged in misleading and deceptive conduct through its flagship ‘Down Down’ promotions between February 2022 and May 2023. According to the regulator, products were advertised as “reduced” when the prices were either the same as, or higher than, the previous regular price.
“Win, lose, or draw, I believe the major changes have already started … they know the spotlight is on them”
Gerard Malouf, Chairman, GMP Law
GMP Law Chairman Gerard Malouf told ABC News that regardless of the outcome of the proceedings, the scrutiny on Coles is already driving change. GMP Law’s class action is positioned directly behind the ACCC’s case. If the ACCC establishes contraventions, those findings will be binding in the class action, meaning the focus will shift to proving consumer loss and recovering compensation.
The distinction between regulatory penalties and consumer compensation is central to the case. Any penalties imposed by the court are paid to the government, while compensation claims are designed to return money directly to affected consumers.
Gerard Malouf estimates that the total consumer loss could approach three-quarters of a billion dollars when multiplied across millions of shoppers.
If you believe you were misled by Coles pricing during this period, GMP Law’s class action team is currently assessing claims from affected consumers.
