When “Down Down” Didn’t Mean Lower Prices: What the ACCC Found Against Coles

For years, Australians have heard the familiar slogan: “Down, down, prices are down.”
The message was simple — Coles was helping families save money on groceries during a time when many households were already struggling with rising living costs.

But according to court findings in proceedings brought by the Australian Competition and Consumer Commission (ACCC), some of those heavily promoted discounts may not have been genuine at all.

The ACCC alleged that Coles engaged in misleading pricing practices by increasing the price of certain products before later advertising them as being on sale or discounted under promotional campaigns. In simple terms, some products appeared to be marked down, even though the “sale” price was close to — or sometimes higher than — the earlier regular price customers had previously paid.

The concern raised by the ACCC was not merely about pricing errors. The issue went to consumer trust.

Australian Consumer Law prohibits businesses from making misleading or deceptive representations about prices. When shoppers see bright promotional tags, percentage discounts, or slogans suggesting major savings, they reasonably believe they are receiving a genuine bargain. The ACCC argued that consumers relied on those representations when deciding where and what to buy.

The court proceedings highlighted how powerful supermarket marketing can influence everyday purchasing behaviour. In a cost-of-living crisis, many families carefully compare specials and structure their grocery budgets around advertised savings. If those discounts are artificially inflated or manipulated, consumers may end up spending more while believing they are spending less.

The case also sparked broader public discussion about transparency in supermarket pricing. Major retailers hold enormous influence over household spending in Australia, and consumers increasingly expect honesty and accountability from large corporations that dominate the grocery sector.

For many Australians, the ACCC action reinforced an important principle: discounts should be real, not just marketing theatre.

While supermarkets are entitled to run promotions and competitive pricing campaigns, the law requires those promotions to accurately reflect genuine savings. The court findings serve as a reminder that businesses cannot create the illusion of a bargain by manipulating reference prices behind the scenes.

At a time when grocery bills continue to rise, trust matters more than ever. Consumers deserve clear, truthful pricing — especially from companies that position themselves as champions of affordability.