In a significant federal court case, the Australian Competition and Consumer Commission (ACCC) is suing Coles for allegedly misleading consumers with its 'Down Down' pricing strategy. The ACCC contends that Coles engaged in a coordinated effort to mislead customers by artificially inflating prices before applying the 'Down Down' discounts, leading shoppers to believe they were receiving genuine savings on items such as dog food, yogurt, and soda. This lawsuit has drawn considerable attention, with a former ACCC boss dubbing it 'the case of the century.'

On the second day of the trial, Coles attempted to diminish the perceived impact of its pricing strategy by stating that customers understood 'not much' when they saw the 'Down Down' price tags. The company's defense seems to hinge on questioning consumer perceptions and understanding of the promotions, as the court examines whether Coles engaged in deceptive practices. Justice Michael O'Bryan, overseeing the case, pressed Coles for clarification on its communication with customers regarding these promotions, indicating the court's focus on the legality and ethics of Coles' pricing tactics.

The outcomes of this case could have significant ramifications for consumer rights in Australia, particularly regarding how supermarkets and retailers present promotional discounts. If the ACCC's claims are proven, it may set a precedent encouraging consumers to scrutinize and question pricing strategies employed by major retailers, potentially reshaping industry practices surrounding sales and discounts in an era increasingly focused on consumer protection.