Court date set for ACCC action against ARM Architecture

The Australian Competition and Consumer Commission's case against ARM Architecture and its former managing director Anthony Allen will be heard in the Federal Court of Australia, Victoria Registry, on 13 April.

In September 2022, the ACCC launched civil proceedings against the practice for allegedly attempting to rig bids for principal design services for Charles Darwin University's education and community precinct.

Initial court documents submitted by the ACCC detail email correspondence Allen sent to eight rival firms during the tender process for the project, requesting them not to submit tenders for the second stage.

The ACCC alleged that the conduct contravened section 45AJ of the Competition and Consumer Act of 2010.

"ARM Architecture, through the conduct of Mr Allen, attempted to rig or induce other competitors to agree to rig the tender for principal design consultant services. The ACCC also alleges that Mr Allen attempted to induce other competitors to agree to rig this tender," ACCC said.

"Cartel conduct is one of the most serious violations of competition law, and attempts to engage in cartel conduct in public procurement have the potential to cause significant detriment to governments, taxpayers, consumers and businesses," it continued.

Following the publication of the ACCC's allegations, the Australian Institute of Architects said in an email to its members, "The Institute is committed to ensuring that its members compete fairly and not engage in anti-competitive behaviour. The Institute does not condone any anti-competitive engagement between members or members using the Institute for commercial or personal purposes."

The Architects Registration Board of Victoria also said it would be following the proceedings closely. "The ARBV will gather information to assess whether there has been any non-compliance by architects involved in this matter," the board said in a statement. "If an architect is found to have breached the Competition and Consumer Act 2010, they could be in breach of the Victorian Architects Code of Professional Conduct."

"We strongly encourage all architects to regularly review their compliance obligations as outlined in the Architects Act 1991 and the Architects Regulation 2015 (which incorporates the Victorian Architects Code of Professional Conduct). Architects should also be aware of their other legal obligations, such as those under competition and procurement laws," the ARBV statement said.

The hearing is estimated for half a day.