Full Federal Court Upholds Record $37.6 Million Penalty in BlueScope Cartel Case

Sydney, 29 August 2025 — The Full Federal Court has dismissed appeals by BlueScope Steel Ltd and its former general manager Jason Ellis, leaving intact the record civil penalty of AUD 57.5 million—approximately USD 37.6 million —and a USD 326,800 fine (AUD 500,000) for Mr Ellis.

The court upheld earlier findings that, between September 2013 and June 2014, BlueScope and Mr Ellis attempted to induce eight steel distributors in Australia and an overseas manufacturer (Yieh Phui) into price-fixing agreements for flat steel products. The behavior involved attempts to use BlueScope’s pricing information as a benchmark to align competitors’ pricing—though the attempts ultimately failed.

ACCC Acting Chair Catriona Lowe welcomed the judgment:

“This case involved an attempted cartel which, if successful, could have created significant damage across the economy… Any business or individual that attempts to enter collusive agreements … risks significant penalties, even if attempts… do not come to fruition.”

Background: Following the ACCC’s 2019 action, the Federal Court in 2023 imposed the penalties—the largest ever for cartel conduct in Australia—and upheld a prison sentence (suspended) for Mr Ellis following obstruction charges in 2020.

The ruling reinforces Australia’s strong enforcement of cartel laws, underscoring that even unsuccessful attempts can lead to severe financial and personal consequences.

Source: https://www.accc.gov.au/media-release/court-upholds-record-penalty-in-acccs-cartel-case-against-bluescope

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