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

Federal Court of Australia

Australian Competition and Consumer Commission v Swift Networks Pty Ltd [2023] FCA 1064 File number: WAD 36 of 2023

Judgment of: COLVIN J

Date of judgment: 7 September 2023

Catchwords: COMPETITION - proceeding for civil contraventions of s 45AJ and s 45AK of the Competition and Consumer Act 2010 (Cth) - cartel conduct - bid rigging - where former employees of the respondent engaged in conduct which breached the cartel provisions of the Competition and Consumer Act 2010 (Cth) - where conduct involved arranging prices of bids or budget quotations with another company to ensure one was higher - where the respondent admits the conduct - where parties have filed a joint statement of agreed facts and admissions and joint submissions - where parties jointly propose orders for declarations of contravention, pecuniary penalties, the establishment of a compliance programme and costs - where appropriate to act on statement of agreed facts - orders as proposed made

Legislation: Competition and Consumer Act 2010 (Cth)

Cases cited: Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission [2021] FCAFC 49

Division: General Division

Registry: Western Australia

National Practice Area: Commercial and Corporations

Sub-area: Economic Regulator, Competition and Access

Number of paragraphs: 27

Date of hearing: 7 September 2023