The Full Federal Court has dismissed Carmichael’s appeal of the Federal Court’s findings that the construction company had engaged in cover pricing for government projects from 2004 to 2007. Cover pricing is a bid-rigging practice in the construction industry, whereby two potential suppliers pre-arrange bids to ensure that one company wins the bid. Carmichael had argued that the Federal Court had reached their conclusions on the basis of insufficient evidence.
In August 2011, the Federal Court had found in favor of the ACCC’s cover pricing allegations against Carmichael. Other named suppliers were TF Woollam & Son and JM Kelly, and the period of cover pricing for the companies was from 2004 to 2007. They were fined $1.3 million for cover pricing.
Full content: ACCC Press Release
Related content: Mexican Experience in Screens for Bid-Rigging (Carlos Mena-Labarthe, Comisión Federal de Competencia de Mexico)
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