Australian Competition and Consumer Commission v BlueScope Steel Limited (No 3) [2021] FCA 1147

Federal Court of Australia

Australian Competition and Consumer Commission v BlueScope Steel Limited (No 3) [2021] FCA 1147 File number: VID 932 of 2019

Judgment of: O'BRYAN J

Date of judgment: 23 September 2021

Catchwords: EVIDENCE – alleged attempt by respondents to induce competitors to make arrangements or arrive at understandings that contain cartel provisions concerning the supply of flat steel products – rulings on admissibility of evidence in the course of trial – whether a transcript of an examination is an admission of a corporation under s 87 of the Evidence Act 1995 (Cth) – whether documents provided to the ACCC for the purposes of informal merger clearance were prepared or obtained for the purpose of or in contemplation of litigation within the meaning of s 69(3) of the Evidence Act – whether conclusory statements concerning competitors are admissible under s 78 of the Evidence Act – whether statements expressing the witness' understanding about the meaning or effect of communications to which the witness was privy are admissible under s 78 of the Evidence Act – whether evidence concerning the formulation and circulation by BlueScope of a recommended resale price list in respect of sheet and coil processing services is relevant – sufficiency of evidence to prove that handwritten notes are a business record – whether written statements signed by a current employee of BlueScope, and which contain admissions, should be excluded under s 135 of the Evidence Act where the ACCC has chosen not to call the witness – whether examination in chief of a witness concerning a prior written statement based on leading questions asked with leave of the Court, and the prior written statement, are admissible or should be excluded under s 135 of the Evidence Act