November 2007 has been an interesting month for the Australian Football League. A player who has not been found guilty of any illegal activity has been suspended for 12 months for bringing the game into disrepute. On the other hand, no action has been taken against a chairman of a club who admitted and was found guilty of the most serious price fixing case ever heard under the Trade Practices Act 1974.
The story of the player is well known. In mid-October 2007, Ben Cousins, a star player of the West Coast Eagles, was arrested and charged for the alleged possession of prohibited recreational drugs and for refusing to submit to a drug test. We were regaled with television footage of him bare chested, being led away by police. Cousins was subsequently sacked by the Eagles.
The day after his sacking, the police dropped the charge of possessing prohibited drugs. They subsequently dropped the second charge of refusing to take a drug test on a technicality, and Cousins received compensation from the police for his 'wrongful' arrest.
Cousins travelled to Los Angeles to undergo a program of drug rehabilitation. It was reported that he had gone on a five-day cocaine bender, which resulted in his hospitalisation. He returned to Australia in early November.
The AFL Commission subsequently announced that Cousins had been charged with bringing the game into disrepute. A hearing was scheduled for 19 November. Even though police had dropped their charges against him, the AFL Commission suspended Cousins from playing in the AFL for 12 months. Moreover, any potential reinstatement at the end of this period was dependent on proof of rehabilitation.
Andrew Demetriou, the AFL's CEO, said if a player 'wasn't appreciative of the privilege [and] opportunities' of being associated with the league, and 'if you're willing to transgress or behave in a manner that is going to bring disrepute to our game, the Commission will have no hesitation in dealing with it'.
But the AFL, it seems, has a double standard when it comes to its treatment of players and club executives. At approximately the same time as the Commission announced its charge against Cousins, the Federal Court of Australia handed down a decision concerning a price fixing by Amcor and Visy. They controlled more that 90 per cent of the estimated $1.8 to $2 billion per annum market in Australia.
The head of Visy is