The decision will embolden the ACCC and the silver lining of a predictable “12-week rule” is a hallucination. Legally, the case confirms the consumer is king.
For the competition watchdog, this was the sweetest victory of all: a near-total win in its sham discount case against supermarket Coles, which now faces millions, possibly tens of millions, in penalties.
At the heart of the case is Coles’ storied “Down, Down” campaign – which tricked ordinary consumers into thinking they were now paying less for goods than before when in fact they were often paying more.
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