Displaying items by tag: Australian Competition & Consumer Commission

Australia: Adbri’s chief executive officer Nick Miller has told investors at the Macquarie Australia Conference that his company is interested in buying parts of BGC, according to the Australian newspaper. Market analysts speculate that Adbri is interested in acquiring BGC’s cement, concrete and aggregate operations. However, Adbri is likely to face opposition from the Australian Competition & Consumer Commission with regards to any attempted offer for BGC’s cement business.

BGC reportedly started its latest attempt to sell the company in April 2022. An indicative bidding round is planned for June 2022.

Australia: The Australian Competition and Consumer Commission (ACCC) says that Barro Group’s acquisition of a 43% stake in Adelaide Brighton will not ‘substantially’ lessen competition. The ACCC examined the completed acquisition closely because the two vertically integrated companies have overlap in the market for the supply of cement, ready-mixed concrete and aggregates.

It found Barro and Adelaide Brighton will continue to face competition from Boral, Holcim and Hanson, three large vertically integrated competitors with national operations, along with a number of smaller independent competitors. The ACCC looked at competition impacts on the pre-mixed concrete and aggregates markets in Melbourne, Brisbane and Townsville, where Barro and Adelaide Brighton’s operations overlap and did not identify any areas of concern.

Barro did not seek informal merger clearance from the ACCC prior to acquiring Adelaide Brighton. However, the ACCC says it may reopen its investigation if it receives further information that alters its current conclusions.

Australia: The Federal Court has upheld an appeal by the Australian Competition and Consumer Commission (ACCC) and raised a fine against Cement Australia and its subsidiaries for anti-competitive agreements to US$16.1m. Originally the cement producer was fined US$13.4m but the ACCC argued it was too low. A cross appeal by Cement Australia was dismissed.

“The penalties imposed in competition cases are hugely important in deterring anti-competitive conduct, which is why we appealed the original penalties given to Cement Australia,” said ACCC Chairman Rod Sims.

The ACCC first brought the proceedings in 2008 against Cement Australia, Cement Australia Holdings, Cement Australia Queensland (formerly Queensland Cement Ltd), Pozzolanic Enterprises and Pozzolanic Industries. They were related to contracts that were entered into by Cement Australia companies between 2002 and 2006 with four power stations in South East Queensland, to acquire fly ash. The court found contraventions of the Competition and Consumer Act in 2014 and a fine was issued in 2016.

Australia: Australia Cement has been found in breach of Australian competition for a fly ash contract that lessened competition. As reported by The Australian newspaper, Justice Andrew Greenwood of the Federal Court in Brisbane made the verdict in a case against the cement producer by the Australian Competition & Consumer Commission (ACCC).

The ACCC had alleged that Cement Australia had breached the abuse of market power provision though a fly ash contract with Millmerran Power Partners. While finding no breach of section 46 of the Act, Justice Greenwood said Cement Australia had breached section 45 through a contract to buy the fly ash from the power station.

Only interim declarations were publicly released to give the parties the chance to go through the about 500-page judgment in case of any confidentiality issues. Justice Greenwood reserved his decision on costs and no decision was made on any penalties.