Federal Court makes cartel conduct findings in bid rigging case

1 August 2023

Today Bromwich J delivered judgment in Australian Competition and Consumer Commission v Delta Building Automation Pty Ltd [2023] FCA 880, a cartel conduct prosecution.

His Honour found that the ACCC had proved that the Respondent had engaged in attempted bid rigging, and attempted inducement of bid rigging contrary to s 45AJ of the Competition and Consumer Act 2010 (Cth). The contravening conduct occurred at a coffee meeting between the Respondent and a competitor and concerned a tender for a contract to supply a replacement building management system for part of the National Gallery of Australia building in Canberra.

The case largely turned on the evidence of the respondent and the competitor, who gave conflicting evidence as to what took place at the meeting as well as conversations and events prior to the meeting. Bromwich J found that the declarations of contravention sought by the ACCC should be made.

Robert Yezerski appeared unled for the ACCC with Megan Caristo and was instructed by Webb Henderson.

Link to judgment