Australian Competition and Consumer Commission v BlueScope Steel Limited (No 6) [2023] FCA 1029

Federal Court of Australia

Australian Competition and Consumer Commission v BlueScope Steel Limited (No 6) [2023] FCA 1029 File number(s): VID 932 of 2019

Judgment of: O'BRYAN J

Date of judgment: 29 August 2023

Catchwords: COMPETITION – application for the imposition of pecuniary penalties and other relief under Pt VI of the Competition and Consumer Act 2010 (Cth) for conduct constituting an attempt to induce an understanding containing cartel provisions – relevant penalty considerations in the case of an attempt to induce a contravention – relevance of the potential for the attempt to have caused loss and damage – relevance of the potential for the corporate respondent to have obtained financial gain – maximum penalty for corporate respondent – whether corporate respondent obtained a benefit from the conduct that was subject to penalty – whether the Court is empowered by s 86E or s 80 to disqualify an individual respondent from managing corporations in the case of an attempt to induce a contravention – whether the Court is empowered to make a personal payment or non-indemnification order under s 76 STATUTORY INTERPRETATION – meaning of the phrase "the benefits that have been obtained" in s 76(1A) of the Competition and Consumer Act 2010 (Cth) – proper construction of the limitation period in s 77(2) and its application where part of the conduct that was subject to penalty occurred outside the limitation period

Legislation: Acts Interpretation Act 1901 (Cth), s 15AA Australian Securities and Investments Commission Act 1989 (Cth), ss 12DA(1), 12GD, 12GM Competition and Consumer Act 2010 (Cth), Pt IV, ss 44ZZRB, 44ZZRJ, Pt V, Pt VI, ss 75B, 76, 77, 77A, 80, 81, 82, 86C, 86D, 87 Corporations Act 2001 (Cth), ss 182, 183, 199A, 199B, 206C Fair Work Act 2009 (Cth), s 546 Federal Court of Australia Act 1976 (Cth), s 21 Statute Law (Miscellaneous Provisions) Act (No 1) 1983 (Cth) Trade Practices Legislation Amendment Act (No 1) 2006 (Cth)