Canberra, 29 August 2025 — The Full Federal Court has unanimously dismissed appeals by Delta Building Automation Pty Ltd (Delta) and its sole director, Timothy Davis, confirming earlier findings that they attempted to rig a tender for the National Gallery of Australia.
The decision upholds the Federal Court’s 2023 ruling that Delta and Mr Davis tried to induce a competitor to submit an anti-competitive bid in relation to the Gallery’s building management system tender. As a result, Delta remains liable for a $1.5 million penalty, while Mr Davis must pay $120,000.
The court found that in late 2019, Mr Davis organised a meeting at a Canberra café with a competitor’s general manager and offered payment in exchange for colluding on the tender outcome. The offer was rejected, the attempted arrangement never materialised, and the Gallery was neither aware of the conduct nor suffered losses.
ACCC Deputy Chair Mick Keogh welcomed the ruling, stressing that even attempted cartel conduct is a serious breach of the law.
“Cartel arrangements, such as bid rigging, often inflate costs for consumers or other businesses,” Mr Keogh said. “This decision… serves as a reminder of the significant consequences facing businesses and representatives who engage in or attempt to induce cartel conduct, even where the attempt fails.”
The ACCC originally launched proceedings in 2021. Following the initial findings of liability in August 2023, the Federal Court issued penalties in June 2024. Delta and Mr Davis lodged an appeal the following month, which has now been dismissed in full.
