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.

In a landmark decision, Justice Michael O’Bryan found the discounts were based on previous prices that were offered for too short a period to be considered real.

Coles engaged in “misleading” marketing through its Down Down campaign, offering discounts that an ordinary consumer would not believe were genuine, a judge has ruled.