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An Australian federal court has ruled that Coles, one of the nation’s biggest supermarket operators, engaged in misleading conduct by promoting fake discounts on hundreds of products. The judgment, issued on Wednesday, found that the retailer used “was/now” pricing tactics that artificially inflated the original price before applying a so-called discount, creating a false impression of savings for consumers.
The case, brought by the Australian Competition and Consumer Commission (ACCC), centered on Coles’ practice of raising the “was” price on items for a short period—sometimes just days—before dropping the price back to a level that was still higher than the original. The court determined that these promotions did not represent genuine price reductions and were designed to deceive price-conscious shoppers.
“Coles’ conduct was deliberate, repeated, and affected a significant number of products,” the court stated in its ruling. The judge noted that the company had internal warnings about the legality of the practice but continued to implement it across hundreds of product lines over several years.
The decision could lead to penalties running into tens of millions of dollars, with the ACCC seeking fines that reflect the scale and duration of the misconduct. A separate proceeding against Woolworths—Australia’s largest supermarket chain—is still before the courts, with similar allegations of discount misrepresentation. Coles has indicated it may appeal the ruling, but legal experts suggest the company faces an uphill battle given the strength of the evidence presented.
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Key Highlights
- The federal court found Coles guilty of misleading consumers through fake “was/now” discount promotions on hundreds of products over multiple years.
- The ACCC brought the case after uncovering evidence that Coles artificially inflated original prices before offering discounts, creating deceptive savings.
- The court described the practice as “deliberate and repeated,” noting that internal compliance warnings were ignored.
- Significant penalties are expected, potentially reaching tens of millions of dollars, with the ACCC pushing for a deterrent-level fine.
- The Coles case mirrors a similar action against Woolworths, suggesting systemic issues in Australia’s highly concentrated grocery market.
- The ruling could force both supermarket chains to overhaul their pricing strategies and promotional practices, potentially affecting consumer trust and shopping behavior.
- The case underscores ongoing regulatory focus on retail pricing transparency, with potential ripple effects for other retailers using similar tactics.
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Expert Insights
The ruling against Coles marks a pivotal moment for Australia’s grocery industry, where two dominant players control roughly 65% of the market. Legal analysts suggest the decision could set a powerful precedent for how discount promotions are structured and communicated to consumers. The ACCC’s aggressive pursuit of both Coles and Woolworths signals that regulators are willing to hold major retailers accountable for any deviation from fair trading standards.
From a consumer perspective, the case highlights the need for clearer pricing labels and more honest promotional mechanics. Shoppers may become more skeptical of “was/now” and similar discount formats, potentially shifting buying habits toward smaller retailers or discount chains that maintain simpler pricing models. However, the immediate financial impact on Coles remains uncertain; while penalties could be significant, they are unlikely to threaten the company’s overall profitability given its market position and scale.
Investors should watch for the final penalty amount and any subsequent appeal. A large fine—combined with the cost of potential compensation claims or class actions—could pressure Coles’ margins in the near term. Meanwhile, the ongoing Woolworths case adds further regulatory risk for the sector. Longer-term, the ruling may accelerate industry-wide adoption of clearer promotional standards, which could reduce the frequency of aggressive discount campaigns but enhance consumer trust. As always, outcomes in court and consumer response carry inherent uncertainty.
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