Australia: Bradken cartel fine appeal to test competition law

Conglomerate Bradken, which manufactures products for the rail, mining and general industries markets, is set to test the breadth of Australia’s competition law as it appeals a previous judgment that found the company guilty of bid-rigging.

In response to Bradken’s appeal, the Australian Competition and Consumer Commission is warning the Full Federal Court that if the company’s appeal is successful it could undermine the entirety of national anti-cartel law.

Bradken was found last March to have conspired to rig bids, the company is now challenging the ruling, claiming that the conduct in question occurred offshore and therefore the ACCC does not have jurisdiction over the matter.

The company’s chairman Nick Greiner was found guilty of illegal bid-rigging in the acquisition of mining firm Norcast Wear Solutions.

According to the ACCC, because much cartel behavior occurs internationally, it is crucial that the ACCC’s judgment stays.

According to the regulator, the case, set to begin next month, is the first in which the Full Federal Court will rule on the reach of ACCC rulings.

Full content: The Australian

Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.