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Bluescope Steel Limited ordered to pay highest ever civil penalty

On Tuesday, the Federal Court of Australia ordered BlueScope Steel Limited to pay the highest ever civil penalty for cartel conduct in Australian history. Justice O’Bryan ordered BlueScope to pay a pecuniary penalty of $57.5m in respect of nine attempts to induce competitors to fix the price of steel. Jason Ellis, a former BlueScope executive, was ordered to pay a separate pecuniary penalty of $575,000 for the same conduct.

The penalty judgment can be found here: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1029, while the original judgment on liability is accessible here: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca1475

The ACCC was successfully represented in the proceedings by Michael Hodge KC and Shipra Chordia of New Chambers, along with Jonathan Clark and Sarah Andrews.

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