Sydney, Sept 7: The Federal Court has issued a $1.2 million penalty against Swift Networks Pty Ltd (Swift) for participating in cartel conduct involving bid manipulation while vying for technology infrastructure and service contracts for three Pilbara mining village projects.
Swift submitted bids for projects at Rio Tinto Limited’s West Angelas and Yandicoogina sites, Western Turner Syncline site, and Fortescue Metals Group Limited’s Japal Village Iron Bridge site.
In relation to these projects, Swift admitted to engaging in cartel conduct by collaborating with a competitor, DXC Connect Pty Ltd and DXC Technology Australia Pty Ltd, to coordinate their bids, with one intentionally offering a higher price than the other.
ACCC Commissioner Liza Carver emphasized the seriousness of bid rigging in violating competition laws, potentially resulting in increased costs for other businesses and consumers.
This case serves as a strong reminder that such anti-competitive behavior is taken very seriously, and the ACCC will always take appropriate action.
Additionally, Swift has been directed to implement compliance, education, and training programs under the Competition and Consumer Act and share part of the ACCC’s costs.
These orders were made based on joint submissions by the involved parties and the ACCC.
For context, the technology infrastructure and services encompass the provision of IT, communication equipment, entertainment solutions, and associated services to offer Wi-Fi and internet connectivity in rooms and communal areas across mining sites.
Swift Networks specializes in delivering network infrastructure, entertainment, and communication services to various sectors, including mining and resources, residential aged care, hospitality, and similar “closed-loop” environments.
This legal action against Swift was initiated by the ACCC in February 2023.
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