Australian Competition and Consumer Commission v Swift Networks Pty Ltd [2023] FCA 1064

Australian Competition and Consumer Commission v Swift Networks Pty Ltd [2023] FCA 1064

Swift Networks Pty Ltd, by the conduct of its former employees, contravened s 45AJ and s 45AK of the Competition and Consumer Act 2010 (Cth) by making arrangements with DXC to submit artificially priced bids for mining village projects, thereby engaging in cartel conduct. The penalty, compliance programme and costs orders jointly proposed are appropriate given the nature of the contraventions, mitigating and aggravating factors, and proportionality to the conduct.

Jurisdiction
Australia
Judgment Date
07 September 2023
Procedural Posture
Civil / Judgment
Outcome
Declarations of contravention made, pecuniary penalty imposed, compliance programme ordered, costs awarded.
Legal Topics
['cartel Conduct' 'bid Rigging' 'civil Penalties']
['competition Law'] ['cartel Conduct' 'bid Rigging' 'civil Penalties']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether Swift Networks Pty Ltd contravened cartel provisions of the Competition and Consumer Act 2010 (Cth) by arrangements with DXC regarding bid pricing for mining village projects.' 'Whether the joint proposed orders, including pecuniary penalties and compliance program, are appropriate.' 'Assessment of penalty and relief for civil contraventions.']

Ratio Decidendi

Swift Networks Pty Ltd, by the conduct of its former employees, contravened s 45AJ and s 45AK of the Competition and Consumer Act 2010 (Cth) by making arrangements with DXC to submit artificially priced bids for mining village projects, thereby engaging in cartel conduct. The penalty, compliance programme and costs orders jointly proposed are appropriate given the nature of the contraventions, mitigating and aggravating factors, and proportionality to the conduct.

Court Disposition

Declarations of contravention made, pecuniary penalty imposed, compliance programme ordered, costs awarded.

Orders

  • ['Swift Networks Pty Ltd contravened s 45AJ and s 45AK of the Competition and Consumer Act 2010 (Cth) as declared.' 'Swift Networks Pty Ltd to pay to the Commonwealth of Australia a pecuniary penalty of $1,200,000.' 'Penalty and costs to be paid by instalments: $10,000 within 30 days, $10,000 per month for 12...