Displaying items by tag: Antitrust

Philippines: LafargeHolcim’s sale of its 86% stake in Holcim Philippines to San Miguel Corporation for US$2.15bn has fallen through after the Philippines Competition Authority (PCC) failed to approve the deal within 12 months of its conclusion. Reuters News has reported that the agreement, dated 10 May 2020, covered the exchange of four integrated plants and one grinding plant. LafargeHolcim has been divesting assets to pay off debt. The sale of its Holcim Philippines stake would have completed its withdrawal from the South-East Asia market, where its operations across Indonesia, Malaysia, Singapore and the Philippines had been valued at US$4.90bn.

LafargeHolcim has said that three of its four integrated Philippines cement plants have been able to resume operations following the lockdown due to the coronavirus outbreak. It says that it will ‘focus on strengthening operations in the Philippines.’

India: The Competition Commission of India (CCI) has fined Aditya Birla flagship company Grasim Industries US40.6m for anti-competitive practices, specifically for failing to disclose its discount policy as instructed by the CCI. Accord Fintech News has reported that cement accounts for almost 50% of Grasim Industries’ profit.

US: A court in South Carolina has ruled against a dismissal motion submitted by Lafarge North America, Argos USA and six other manufacturers of ready-mix concrete which stand accused of fixing prices, rigging project bids and allocating territories and customers amongst themselves. Class Action Reporter has stated that the defendants asserted that the complainants, who claim to have suffered injury by the alleged conspiracy, have failed to provide actionable facts pertaining to the role of each accused party, the duration of the purported anti-competitive behaviour and its geographic scope including the court’s jurisdiction. Lafarge further contested that the Statute of Limitations precludes its prosecution, because it ceased concrete trading in the region in 2011. The court concluded that the claim contained sufficient fact for further examination to be reasonably expected to reveal evidence of an illegal agreement. It will hear the case against all defendants.

Philippines: The 30-day inquiry by the Mergers and Acquisitions Office (MAO) of the Philippine Competition Commission (PCC) into First Stronghold Cement’s takeover of Holcim Philippines has concluded that the deal may affect market concentration in the cement sector. The Philippine Star reports that this finding clears the way for a phase-two review. The MAO will seek to ascertain whether the deal might result in lessened competition or increase the likelihood of cartel-like activities. This ties in with the Commission’s general investigation into anti-competitiveness in the cement industry.

First Stronghold Cement, a subsidiary of San Miguel, has a stake in Northern Cement and its president and chief operating officer, Ramón Ang, is also the majority owner and chairman of Eagle Cement. In May 2019 it acquired 85.7% of Holcim Philippines for US$2.15bn.

Philippines: The September 2019 customs duty of US$4.81/t on imported cement is in danger of disrupting a Philippine Competition Commission (PCC) probe. The Philippine Star has reported that the PCC is conducting an investigation into domestic cement producers’ alleged anticompetetiveness following an accusation by a Department of Trade and Industry (DTI) official in 2017 that a ‘cartel’ of producers was maintaining artificially high pricing and spreading of misinformation about the quality of imported products. PCC chair Arsenio Balisacan has noted the danger of ‘having an ongoing investigation and introducing a policy which can influence the outcome of that investigation.’

Napoleon Co, chairman of the Philippine Cement Importers Association (PCIA), has stated that cement traders will keep on importing unless the local cement sector produces more. He said that foreign producers’ Philippine sales were driven not by their lower prices but by the domestic industry’s inability to fulfill the country’s 28Mt/yr demand.

Italy: Italcementi, part of Germany’s HeidelbergCement, has said that charges brought by Italy's antitrust authority are unfounded and it would appeal against the sanction at the Lazio court. Italcementi, along with other leading cement producers, is accused by the regulator of allegedly breaching competition rules for the period from June 2011 to January 2016.

In particular, Italcementi has said that it believes that the commercial decisions taken by the previous management to propose nominal price increases to its customers were dictated by autonomous, solid and logical business motives.

Italcementi also considers that the Euro84m fine, one of the highest ever imposed by the authority, is completely disproportionate to the turnover generated by the company in Italy.