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ARTICLE · 06 MARCH 2026

Unreasonable Manipulation, Unreasonable Distortion (Dark Patterns) To Be Banned—Stronger Protections Regarding Subscriptions And Drip Pricing—Unfair Trading Prohibition Proposed

K&L Gates
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As it had foreshadowed, the Australian Government has released an exposure draft of the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 (Bill).

AustraliaAntitrust/Competition Law
Ayman Guirguis
Ayman Guirguis
James Gray
James Gray
Tess Kane
Tess Kane
Jenna Yim
Jenna Yim

As it had foreshadowed, the Australian Government has released an exposure draft of the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 (Bill).

The Bill seeks to introduce a general prohibition on unfair trading practices (UTP) into the existing Australian Consumer Law (ACL), along with other prohibitions relating to subscription products and drip pricing.

We set out below the key aspects of these proposed new laws which are proposed to commence from 1 July 2027, along with some practical considerations for businesses to consider going forward.

IN BRIEF

The Bill proposes:

  • To prohibit UTP conduct toward consumers defined as conduct that:
    • Unreasonably manipulates consumers; or

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