BlueScope found guilty of attempted steel price fixing

The Federal Court has found that Australia’s biggest steelmaker, BlueScope, and one of its former executives attempted to form a cartel with steel distributors and a manufacturer to fix the prices of flat steel products in Australia.

The findings were made by Justice Michael O’Bryan after the Australian Competition and Consumer Commission (ACCC) launched civil court proceedings against the steel giant and its former sales manager Jason Ellis in 2019.

O’Bryan found that between September 2013 and June 2014, BlueScope and Ellis attempted to induce eight steel distributors in Australia and Taiwanese manufacturer Yieh Phui Enterprise to strike agreements to fix the pricing – and/or raise the pricing – of flat steel products. The ACCC had alleged that Ellis did this by using a “carrot and stick” approach.

BlueScope now faces the prospect of a fine in the many millions of dollars over the case. For corporations, the maximum penalty for each cartel contravention before November 2022, even for attempted conduct, is $10 million. Flat steel products are key products used in the building and infrastructure, transportation and electrical appliance industries.

The ACCC will also seek to have Ellis, who is the son of former BHP chairman Jerry Ellis, banned from managing corporations. Ellis received an eight-month suspended jail term in 2020 after pleading guilty to obstructing the cartel investigation by the competition watchdog. Ellis’ lawyers have been contacted for comment.

BlueScope acknowledged the judgment on Friday and flagged a potential appeal.

“BlueScope is disappointed by this decision and is reviewing the reasons for his honour’s decision. BlueScope now has the opportunity to determine whether there are grounds to appeal.”

BlueScope chairman John Bevan said in the time since the company had become aware of the conduct which led to the legal proceedings, BlueScope had implemented steps to improve staff awareness about competition law requirements.

“The company has also made improvements to our organisational structure, internal systems and processes, training for employees, and developed in-house advisory capabilities in competition law.”