Australia: The Federal Court in Brisbane has found five cement producers guilty of anti-competitive practices in relation to contracts entered into between 2002 and 2006 to acquire flyash from various power stations in South East Queensland.
The case was brought to the court by the Australian Competition and Consumer Commission (ACCC), which cited five corporate respondents including Cement Australia, Cement Australia Holdings, Cement Australia Queensland, Pozzolanic Enterprises and Pozzolanic Industries. Findings were made against all but Cement Australia Holdings.
Justice Greenwood found that the respondents had purposely prevented competitors from entering the market. ACCC chairman Rod Sims said, "Anticompetitive conduct remains an enforcement priority for the ACCC. The ACCC took action in this matter originally due to its concern that a dominant player in a market appeared to be foreclosing and preventing competition. The declarations and findings made by the court demonstrate that this concern was warranted." Penalties will be determined at a later date.
