The Competitive Edge The World's Fair: Liana Witt and David Holmes on Australia's new unfair trading practices proposal
Mar 4, 2026
David Holmes, a competition lawyer at Gilbert + Tobin, and Liana Witt, a partner in their competition practice, break down Australia’s proposed unfair trading rules. They cover subscription traps, drip pricing, the general prohibition test, enforcement priorities, penalty risks and practical steps businesses should start taking. Short, focused and full of regulatory detail.
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General Prohibition Targets Dark Patterns
- The draft creates a broad general prohibition targeting conduct that unreasonably manipulates consumers or distorts decision environments.
- It is aimed at dark-pattern style behaviour like artificial urgency, obstructive menus, pre‑ticked boxes and confirm shaming, not routine marketing.
Subscription Traps And Drip Pricing Are Targeted
- Two specific prohibitions accompany the general rule: subscription traps and drip pricing.
- Subscription rules target stealth renewals/maze cancellations; drip pricing forces prominent disclosure of transaction‑based fees next to base prices.
Low Bar For Detriment Makes Enforcement Easier
- The test requires both unreasonable manipulation/distortion and likely detriment, with detriment being a low bar.
- The law treats likely non‑financial harms as sufficient and does not require actual consumer loss to establish a breach.