Australian Competition and Consumer Commission v BlueScope Steel Limited (No 5)

The case involved the Australian Competition and Consumer Commission (ACCC) suing BlueScope Steel Limited and others for alleged breaches of the Competition and Consumer Act 2010 (Cth). The ACCC alleged that BlueScope and others attempted to induce certain suppliers of flat steel products to enter into agreements that contained cartel provisions, specifically to control or maintain the price of flat steel products supplied in Australia. The court had to determine whether the putative counterparties to the understandings were or likely were to be in competition with each other at the relevant time, and whether BlueScope intended to induce understandings containing cartel provisions.

The court considered the statutory interpretation of terms such as "attempted to induce" a contravention, "understanding", and "fixing, controlling or maintaining" prices. It also examined whether section 84(1) of the Act (attribution of state of mind) was applicable to an attempt to induce a contravention within section 76(1)(d) of the Act. The court found that the ACCC's allegations were established to the extent that each of BlueScope and Mr Ellis attempted to induce various steel companies to contravene section 44ZZRJ by arriving at an understanding with BlueScope that contained cartel provisions. The court held that the evidence did not support the finding that Mr Vassella was aware of BlueScope's attempts to induce distributors, or Wright Steel, to reach a price fixing understanding with BlueScope in relation to their prices.

The court ordered that the matter be listed for hearing on the question of remedies, and set out various deadlines for the filing and serving of applications for discovery, proposed orders, outline submissions, witness statements, and lists of documents to be relied upon at the remedies hearing. The court also provided for the possibility of varying these orders and the procedures for doing so.

In conclusion, the court found that the ACCC's allegations were established to the extent set out above, and ordered the parties to proceed with the remedies hearing as directed.