Case Study: ACCC civil proceedings against Swift Networks

17 Jun 2024

The background

We acted in ACCC civil proceedings commenced against a listed Australian technology infrastructure services provider Swift Networks Limited alleging cartel conduct between Swift Networks and global IT services company DXC in the supply of technology services to Rio Tinto and Fortescue.

The importance

The ACCC has an increased focus on domestic cartels and is taking action where it considers cartel conduct by smaller Australian companies has occurred notwithstanding that the potential victims of such conduct are much larger global entities. The proceedings also raise interesting factual and legal questions about the application of the cartel prohibitions to prime contractor - sub contractor interactions.

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_Disclaimer

_{Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.}