ACCC v Qteq Pty Ltd (FCA)
Federal Court of Australia
Justice Bromwich
ACCC v Qteq Pty Ltd [2025] FCA 371 (17 April 2025)
Catchwords
COMPETITION – alleged attempts to enter into contracts, arrangements or understandings with companies in the coal seam gas industry that would be contraventions of s 44ZZRJ/45AJ of the Competition and Consumer Act 2010 (Cth) – alleged attempts to induce entry into the same contracts, arrangements or understandings – cartel provisions to allocate customers, limit bids and prevent, restrict or limit the supply of services in competition with the first respondent – whether subjects of the attempts were or were likely to be in competition with the first respondent at the relevant times – whether conduct unilateral or amounted to an attempt to arrive at an understanding or induce arrival at an understanding – HELD: five of six attempts alleged by the Australian Competition and Consumer Commission established, with respect to both the first and second respondents
STATUTORY INTERPRETATION – s 45AC of the Competition and Consumer Act 2010 (Cth) – scope of deeming provisions – whether broader definition of “party” in s 45AC applied to attempt or attempt to induce cases
Finding
The Federal Court found that between 2017 and 2019 Qteq engaged in cartel conduct in relation to the supply of and services in the oil and gas industry. In particular, it found Qteq and its executive chairman, Simon Ashton, attempted to induce suppliers to enter into agreements containing one or more cartel provisions.
Commentary
ACCC, ‘Oil and gas services company Qteq attempted to induce cartel arrangements’ (17 April 2025):
“The Federal Court has today found oil and gas services company Qteq Pty Ltd and its executive chairman Simon Ashton engaged in cartel conduct in relation to the supply of goods and services in the oil and gas industry, following court action by the ACCC.
The Court found that between 2017 and 2019, on five occasions, Qteq and Mr Ashton attempted to induce suppliers in the industry to enter into contracts, arrangements or understandings with them which contained one or more cartel provisions.
Qteq and Mr Ashton were found to have attempted to induce competitors or likely competitors in the upstream phase of production in the oil and gas industry to enter into cartel arrangements or understandings, which included provisions not to supply particular services to large oil and gas companies, to share markets and to rig a multi-million-dollar tender.”
Sentencing
In 2026 the sentencing judgment was handed down. See ACCC, ‘Oil and gas services company Qteq and its chairman collectively fined $6 million for attempted cartel conduct’ (26 March 2026)