An admitted cartel of two in Australian banking
Two of the country's leading banks - both members of the Australian Bankers Association - are proven miscreants of a harried domestic banking sector.The stellar names - ANZ and Macquarie - consented on Friday to the label of engaging in cartel conduct. The ACCC brought the proceedings in an affair centred on fixing prices - both bids and offers - on short term Malaysian bank paper in Singapore in 2011. Other counterparties - key Asian bank names alongside the remainder of Australia's banking oligopoly - rated a mention in court submissions.The submissions disclose that trading on Malasyian interbank bank paper by ANZ most often involved other Australian banks, the most familiar names.Macquarie described a transient connection to an event defined by ANZ's more systemic conduct.The Monetary Authority of Singapore examined the matter before Australia's ASIC and ACCC took a further look. The Australian competition bureau, the ACCC, is final enforcer and producing results.ANZ, a founding member of the ABA in the mid 1940s, is paying the larger fine of A$9 million for cartel conduct, a fine subject to review by the Federal Court. Mike Smith was ANZ CEO at the time.Macquarie, a more recent collaborator, is the ANZ co-conspirator charged at this point. Its fine is $6 million. In 2011, as now, Nicholas Moore led Macquarie.Both banks will have to chip in to cover ACCC costs.The ACCC presented the conduct of ANZ and Macquarie as "alleged attempts to engage in cartel conduct."ANZ applied two labels to its mischief, the first "conduct associated with Non-Deliverable Forward FX contracts for the Malaysian Ringgit undertaken in Singapore during 2011." In a Statement of Agreed Facts lodged with the Federal Court, ANZ said it "acknowledged three employees based in Singapore engaged in conduct that contravened Australia's Competition and Consumer Act."ANZ said it "agreed the employees unsuccessfully attempted to influence the setting of benchmark rates used to settle NDF contracts for the Malaysian ringgit on ten occasions in 2011. The three employees involved are no longer employed by ANZ." The bank's statement of facts eventually reaches the point of using the word cartel.ANZ, in its statement, set out some history."The matter was previously investigated by the Monetary Authority of Singapore (MAS) which completed a review and supervisory action in 2013 involving 20 banks operating in Singapore. "The MAS investigation found no conclusive evidence that FX benchmarks, used to settle NDF contracts, had been successfully influenced. ANZ, along with other banks, was required to set aside additional statutory reserves with MAS and undertook a remediation program to address deficiencies associated with FX benchmark submissions. "The Association of Banks in Singapore has also enhanced the governance framework for the ABS benchmark contribution process to ensure robustness and transparency."Macquarie Bank, in a statement on Friday, "noted today's ACCC announcement that Macquarie and the ACCC have filed joint court submissions relating to an agreed settlement of a matter arising from the conduct of a single Macquarie employee in Singapore in 2011."The individual's employment was terminated in 2012, the bank said.The bank