Displaying items by tag: Cartel

India: Holcim subsidiaries ACC and Ambuja Cements, along with Dalmia Cement, Shree Cement, UltraTech Cement and 15 other Indian cement producers, have violated antitrust laws through price collusion and supply restriction, a Competition Commission of India (CCI) investigation has uncovered. Reuters News has reported that regular price rises in the Indian cement market were the outcome of collusion between producers, which set target prices by district and carried out twice weekly inspections of participant companies’ operations. Senior executives from ACC and UltraTech Cement, among other companies, served as state-wide coordinators. They planned and carried out their deception by means including messaging platform WhatsApp.

ACC and UltraTech Cement, along with ACC’s fellow Holcim subsidiary Ambuja Cements, declined to comment, however Holcim said “The Indian companies are managing this matter responsibly and we expect them to continue to do so accordingly."

Argentina: The National Commission for Competition Defence (CNDC) has recommended that the Asociación de Fabricantes de Cemento Portland (AFCP) stop sharing information on cement production and deliveries on a provincial basis that is less than 12 months old. Following an investigation into the cement sector the competition body expressed concern about the “exchange of information" between the main local cement producers, according to the Ámbito Financiero newspaper. An official investigation into collusion between the companies that ran from 2016 to 2021 found that they carried out anti-competitive behaviour that led to costs for construction being inflated by US$180m. It concluded that the sector had a, “high degree of concentration, high barriers to entry and reduced competitive dynamics.” The cement industry was previously fined in 2005 when it was found to have acted as a cartel for 20 years from the 1980s.

Argentina: The National Commission for the Defence of Competition (CNDC) has concluded an investigation into the cement industry with the finding that all four Argentinian cement producers colluded to maintain high prices between 2013 and 2018. Cementera Avellaneda, Holcim Argentina, Loma Negra and Petroquímica Comodoro Rivadavia (PCR) reportedly increased their sales by US$178m between 1 July 2017 and 30 June 2018 through cost overruns generated by their control of local markets.

The CNDC ordered the Portland Cement Manufacturers Association (AFCP) to refrain from distributing competitively sensitive information production, dispatches and imports information between its member companies.

India: Minister Piyush Goyal, the Commerce and Industry Minister, has confirmed that the Competition Commission of India looking into complaints of rising cement prices. He said that complaints on the had been received about the price of cement and allegations of cartel-like behaviour, according to the New Indian Express newspaper.

South Africa: The Competition Tribunal has resumed hearings into allegations of cartel-like behaviour by Natal Portland Cement (NPC), Pretoria Portland Cement Company (PPC), Lafarge Industries South Africa (Lafarge) and AfriSam Consortium (AfriSam). It follows a referral by the Competition Commission following an investigation in 2015 that examined collusive conduct between the cement companies between 2008 and 2012. At the time PPC was granted conditional leniency and AfriSam and Lafarge settled with the Commission.

Romania: The Competition Council has launched an investigation into an alleged anti-competitive agreement between Holcim, CRH and HeidelbergCement in early November 2018. It is concerned that there has been possible coordination of prices between the companies since 2010. As part of the probe, it conducted raids at the headquarters of the three companies and seized documentation. It has warned that fines of up to 10% of company turnover are applicable should it find any evidence of collusion. However, it also mentioned that companies that cooperated with the competition authority could expect leniency in the form of immunity to or reduced fines.

India: The Supreme Court has agreed to examine a plea by cement producers about a charge of cartel-like behaviour made by real estate developers and upheld by the Competition Commission of India (CCI). However, the court has insisted that the payment schedule of the fine imposed will have to be upheld while the appeal proceeds, according to the Economic Times newspaper. The accused cement producers have been ordered to deposit 10% of the fine.

10 cement companies – including India Cements, Ramco Cements, Nuvoco Vistas Corporation, Ambuja Cement, ACC, Jaiprakash Associates, Century Textiles and Industries and UltraTech Cement – were accused by the Builders' Association of India and the CCI in 2010 of cartel-like behaviour. They were then fined US$905m or 0.5% of their net turnover. The producers first tried to appeal with the National Company Law Appellate Tribunal (NCLAT) but the tribunal dismissed their plea against the CCI finding in late July 2018.

India: The National Company Law Appellate Tribunal (NCLAT) has dismissed an appeal by cement producers against a US$975m fine for alleged cartel-like behaviour. The Competition Commission of India penalised 11 cement companies in August 2016, according to the Press Trust of India. The companies included UltraTech Cement, ACC, Ambuja, Ramco and JK Cement and the Cement Manufacturers’ Association (CMA). UltraTech Cement has been fined US$171m, the highest amount in the group.

Turkey: Göltaş Çimento and AS Çimento are being investigated by the Turkish Competition Authority for alleged price fixing of cement. The government body says that its preliminary investigation in early May 2018 has discovered ‘serious’ findings. Further investiation will follow to examine whether the law has been broken and whether fines are applicable. Both cement producers operate plants in the southwest of the country.

Argentina: The National Commission for Protection of Competition (CNDC) has hastened an investigation into alleged collusion and coordinated behaviour in the cement industry. Cement prices increased by 13% in May 2018, according to La Nacion newspaper. So far in 2018 the price of cement has risen by 23% and the cement companies say that further price rises are expected in June 2018.

The local industry has blamed rising input prices of up to 50% due to local currency devaluation but the Argentine Peso has only fallen by 30% so far in 2018. The companies under investigation include Loma Negra, LafargeHolcim, Petroquimica Comodoro Rivadavia and others.