ACCC v Delta Building Automation Pty Ltd

Federal Court of Australia
[2023] FCA 880 (1 August 2023)
Justice Bromwich

Catchwords
COMPETITION – proceeding for civil contraventions of s 45AJ of the Competition and Consumer Act 2010 (Cth) – cartel conduct – bid rigging – whether the respondents attempted to make an arrangement or arrive at an understanding containing a cartel provision, or attempted to induce a competitor to do the same – held: contraventions established; declarations of contravention to be made.

Finding

Parties engaged in attempted bid rigging and attempted inducement of bid rigging. See ACCC media release following judgment:

“The Federal Court has found that Delta Building Automation Ltd (Delta) and its sole director, Timothy Davis attempted to rig a bid in connection with a tender conducted by the National Gallery of Australia for the replacement and ongoing maintenance of its building management system.”

Penalty judgment

Australian Competition and Consumer Commission v Delta Building Automation Pty Ltd [2024] FCA 580