Feb 25 • 01:38 UTC 🇦🇺 Australia ABC News AU

Judge in Coles court case questions whether ACCC case has to fail

A judge has raised doubts about the Australian Competition and Consumer Commission's case against Coles, which accuses the supermarket of misleading consumers with deceptive discount practices.

In a significant development during a federal court case, Justice Michael O'Bryan challenged the Australian Competition and Consumer Commission's (ACCC) closing arguments against Coles. The ACCC alleges that Coles engaged in misleading practices by artificially inflating prices before promoting certain items as being on discount through their 'Down Down' marketing campaign. The watchdog contends that these tactics deceive consumers, who may not be aware of the price manipulations behind the promotions.

Throughout the trial, the ACCC detailed instances where Coles reportedly raised prices just before implementing a 'Down Down' discount, leading to accusations of deceptive pricing strategies that mislead shoppers into believing they are getting better deals. Justice O'Bryan's intervention indicated skepticism regarding the ACCC's assertions that Coles acted with deliberate intent to mislead consumers. During the proceedings, he interrupted the legal counsel for the ACCC during their presentation, which raises questions about the strength of their case.

This legal battle highlights important issues surrounding consumer protection and advertising practices in Australia. Should the judge ultimately side with Coles, it could set a precedent on how discounts and promotions can be marketed, potentially impacting consumer trust and the practices employed by large retailers in the future. The case outcome remains to be seen, but it underscores the ongoing scrutiny of corporate practices in relation to consumer rights.

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