ACCC sues Woolworths over alleged fake 'Prices Dropped' discounts
Consensus Summary
The Australian Competition and Consumer Commission (ACCC) is suing Woolworths in federal court, alleging the supermarket misled customers by temporarily increasing prices on 266 products by at least 15% for up to 45 days before placing them on 'Prices Dropped' promotions at prices higher than or equal to their original long-term prices. The case, which began in April 2026, focuses on whether Woolworths violated its own internal guidelines and Australian consumer law by using 'was/is' comparative pricing to disguise planned price hikes. Key examples include Fab laundry powder, which jumped from $7 to $14 for just 19 days before being promoted as a $8 discount, and Oreo biscuits, which spiked from $3.50 to $5 for 22 days before being sold at $4.50 under 'Prices Dropped'. Woolworths defends its practices, arguing that supplier-driven cost increases justified the price changes and that the promotions were genuine discounts. Justice Michael O'Bryan, who also presided over a similar case against Coles, has questioned whether the ACCC's case is inherently misleading or whether the focus should be on the genuineness of the 'was' prices. The trial has exposed internal policy changes, including a reduction in the required price establishment period from 8–12 weeks to 3–6 weeks, and revealed that Woolworths often negotiated price increases with suppliers in advance of promotions. The outcome of the case could reshape retail pricing rules and impact consumer trust in supermarket promotions.
✓ Verified by 2+ sources
Key details reported by multiple sources:
- The ACCC alleges Woolworths temporarily increased prices of at least 266 products by at least 15% for up to 45 days before placing them on 'Prices Dropped' promotions between September 2021 and May 2023.
- Woolworths' internal guidelines initially required products to be sold at one price for 8–12 weeks before going on 'Prices Dropped', but this was reduced to 3–6 weeks by January 2022.
- Fab 'fresh blossoms' laundry powder was sold at $7 for 425 days, then increased to $14 for 19 days before being placed on 'Prices Dropped' at $8.
- The Oreo Family Pack was sold at $3.50 for 696 days, then increased to $5.00 for 22 days before being placed on 'Prices Dropped' at $4.50.
- Woolworths' chief commercial officer, Paul Harker, testified that the supermarket became aware of ACCC inquiries in mid-2022 and reviewed its pricing policies.
- The ACCC alleges Woolworths planned price spikes in advance with suppliers to create higher 'was' prices for 'Prices Dropped' promotions.
- Justice Michael O'Bryan presided over both the Woolworths and Coles cases, questioning whether the 'Prices Dropped' scheme was inherently misleading.
- Woolworths argues that supplier-driven cost increases justified price hikes and that the 'Prices Dropped' prices were genuine.
Points of Difference
Details reported by only one source:
- The ACCC described Woolworths' tactics as 'marketing magic' to trick customers into thinking they were getting genuine discounts.
- Woolworths phased out its 'Prices Dropped' program at the end of 2024.
- Justice O'Bryan suggested consumers would not 'over-intellectualise' promotional tickets and would assume discounts were genuine.
- Woolworths' commercial pricing manager, Callum Davies, admitted the $14 price for Fab laundry powder was not intended to be a competitive price point.
- Justice O'Bryan repeatedly referred to Coles instead of Woolworths during proceedings, joking about the mistake.
- The ACCC's barrister, Michael Hodge KC, argued that the 'Prices Dropped' tickets were misleading because they represented a drop from a higher price that was not genuinely established.
- Shoppers like Stella Kelly and Carol expressed concern about the cost-of-living squeeze and frustration if the court found Woolworths misled customers.
- The ACCC's case against Woolworths is described as 'episode two' of a series after the Coles case, with former ACCC boss Allan Fels calling it 'Bogus Business Discounts'.
- Woolworths' internal training document from September 2022 instructed staff to keep the ACCC review confidential.
- Sam Woodcock, a former Woolworths Everyday Value head of pricing, testified that price increases for products like Carmen’s muesli bars were negotiated with the 'Prices Dropped' program in mind.
- Woolworths' spokesperson stated that the 'Prices Dropped' program was introduced to provide 'everyday value' to customers.
- The ACCC's Gina Cass-Gottlieb said the case involved 'illusory' discounts where the 'discounted' price was higher than the original price.
Where the reporting differs
Details that conflict, or appear in only some outlets:
- The Guardian and ABC report that Justice O'Bryan questioned whether the ACCC's case was 'nefarious,' while the ACCC's barrister insisted the discounts were misleading.
- Woolworths claims the 'was' prices were based on suppliers' recommended retail prices, but the ACCC argues these prices were artificially inflated for promotional purposes.
- The Guardian states Woolworths phased out 'Prices Dropped' by the end of 2024, while other sources do not mention this timeline explicitly.
- Woolworths argues the price spikes were due to supplier cost increases, but the ACCC claims these spikes were planned to create higher 'was' prices for promotions.
- Some sources suggest Justice O'Bryan was skeptical of the ACCC's case, while others imply he was more critical of Woolworths' internal policy changes.
Source Articles
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How two court cases could change supermarket pricing rules
As the Woolies federal court case wraps up and the Coles matter awaits judgment, here's what we've learned so far from the high-stakes cases.
ACCC v Woolworths may have exposed the ‘magic’ of supermarket discounts – but will it change how we shop?
The seven-day trial in the watchdog’s case against the supermarket offered a rare glimpse into its internal machinations Get our breaking news email , free app or daily news podcast Picture this: you’re at Woolworths, weighing up which laundry powder offers the best value for money. A 2kg box of Fab is on sale with a “Prices Dropped” promotional ticket showing it “Is” $8. The label also says the laundry powder has been reduced, and “Was” $14. Continue reading...
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'None of it strikes me as nefarious': Judge queries ACCC case against Woolies
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Woolworths’ ‘Prices Dropped’ rules intended to prevent ‘gaming’ the promotional system, executive tells court
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Woolies goes to war over Oreo pricing
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Woolworths 'contravened' own guidelines for 'Prices Dropped' promotion, court hears
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Did you really get a discount on your Tim Tams? The ACCC doesn't think so
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Consumer watchdog zeroes in on Woolworths’ allegedly fake discounts as it meets supermarket giant in court
Vinegar, Tim Tams and baby rice are among the products to be scrutinised in the Australian Competition and Consumer Commission’s case Get our breaking news email , free app or daily news podcast The consumer watchdog is back in court and taking on Australia’s largest supermarket chain, alleging Woolworths deliberately misled shoppers with fake discounts. The Australian Competition and Consumer Commission’s (ACCC) case against Woolworths begins in the federal court in Sydney on Tuesday, almost tw
Woolworths executive says 'prices dropped' rules changed as inflation grew
The ACCC claims the discounted prices were often the same or higher than the original shelf prices.
Woolworths engaged in ‘marketing magic’ to trick customers, consumer watchdog tells court
The trial between the Australian Competition and Consumer Commission and the supermarket giant began in the federal court in Sydney on Tuesday Follow our Australia news live blog for latest updates Get our breaking news email , free app or daily news podcast Woolworths engaged in “marketing magic” to trick customers into thinking they were getting genuine discounts as part of the supermarket’s “Prices Dropped” promotion, the consumer regulator has told a court. The landmark trial between the Aus
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