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MLex Market Insight

What a US approach to obstruction charges could teach Australian antitrust regulators

MLex Market Insight

MLex Market Insight

News

4.99 Ratings

🗓️ 21 October 2019

⏱️ 13 minutes

🧾️ Download transcript

Summary

Australian steel-product manufacturer BlueScope Steel is embroiled in two court cases brought by the country’s competition regulator. The company’s former manager Jason Ellis is involved in both cases --- alleged attempted cartel conduct and criminal obstruction charges. Obstruction charges are often used in the US to aid cartel probes, but it’s the first time the measures have been used in Australia in this context. Australasian Managing Editor James Panichi and Senior Correspondent Laurel Henning discuss what Australia could learn from the US when it comes to obstruction charges.

Transcript

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0:00.0

Hello and welcome to another MNX podcast. My name's James Panicki. I'm MNX's

0:14.9

Australasian managing editor and I'm coming to you from our offices in Melbourne, Australia. Great to

0:20.3

have your company.

0:21.3

Now, there's nothing we like more here at Emmex than an old school cartel lawsuit.

0:26.6

And the Blue Scope Steel Court action announced in Australia at the end of August ticks or checks many of our antitrust boxes.

0:34.9

The Australian Competition and Consumer Commission, or A-Triple-C, is alleging

0:39.0

that Blue Scope and a former high-ranking manager, Jason Ellis, attempted to induce steel

0:44.3

distributors in Australia, as well as overseas manufacturers, into a price-fixing agreement

0:50.4

for flat steel products. So the allegations are that there was an attempt to set up

0:56.2

a cartel rather than an actual cartel. Then to complicate matters further, Ellis was hit with

1:02.5

a criminal charge, that of obstructing the course of justice. This may be common in the US,

1:08.1

but it's the first time an abstraction charge has been laid

1:11.5

against an individual as part of an antitrust lawsuit in Australia.

1:16.3

Laurel Henning is a senior Emelix correspondent based in Sydney and she's been following

1:20.4

the Blue Scope case for us, adding some interesting reporting to recent developments.

1:25.3

Hello Laurel.

1:26.2

Hi James.

1:27.4

Let's get to the

1:28.1

abstraction charges in just a moment, but first let's talk about the antitrust lawsuit. What is

1:33.2

Blue Scope and what is the ACC alleging? So Blue Scope is a major manufacturer in Australia of

1:40.4

flat steel products. Now, for those of us less familiar, flat steel products include slabs,

1:46.3

hot rolled coil, cold rolled coil, coated steel products, tin plate and heavy plate. A bit of a

...

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