Displaying items by tag: Competition Commission of India

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.

Nirma Group won the auction for Emami Cement this week with an US$770m offer. The deal is subject to approval by the Competition Commission of India but it signals further consolidation for the Indian cement industry. It sets Nirma Group and its subsidiary Nuvoco Vistas in a strong position in Central, North and East regions of the country, if authorities agree to it.

Sometimes the press releases connected to corporate acquisitions can be accused of hyperbole but Nuvoco’s chairman Hiren Patel may be proved closer to reality than some when he said, “This acquisition is a momentous and transformational step in Nuvoco’s journey to becoming a major building materials company in India.” This is because Emami Cement operates one integrated cement plant in Risdah, Chhattisgarh and grinding units in Bihar, West Bengal and Odisha with a total installed capacity of 8.3Mt/yr. It also holds mining leases in Chhattisgarh, Rajasthan and Andhra Pradesh. Nuvoco Vistas runs four integrated plants in Chhattisgarh and Rajasthan and three grinding plants in West Bengal, Jharkhand and Haryana with a total installed capacity of around 15.2Mt/yr.

Put all of this together and Nuvoco Vistas has a capacity of 23.5Mt/yr. This may not make it a leader nationally, where it faces the likes of UltraTech Cement’s capacity of just under 110Mt/yr. Yet it does make the producer a serious player regionally in Chhattisgarh and Rajasthan. Backing this up are five grinding plants in East India. Hence, Hiren Patel might not be exaggerating all that much.

It’s difficult to ascertain the valuation of this deal given the mixture of integrated and grinding capacity that was on sale. Altogether, for its total of US$770m, Nirma Group has agreed to pay around US$93/t. Like any deal there must have been some haggling going on given that the projected price for Emami Cement drifted downwards as the auction went on. Emami Cement’s owners reportedly valued the company at around US$1.2bn before the auction and were subsequently said to be looking for US$1bn. Later, local media said that UltraTech Cement was likely to submit an offer around US$0.94bn.

In the wider context of the Indian cement industry, the picture looks similar to when this column looked at the country as a whole in December 2019. Since then the November 2019 production figures have been released showing that cement production grew in the first 11 months of 2019, to 308Mt, but at a far slower rate than in 2018. A growth in production in November 2019 also broke a downward trend since August 2019. Adding to this growing sense of optimism, analysts ICRA were forecasting increasing profitability for cement producers in the 2020 financial year due to ‘benign’ input costs. If correct then Nirma Group will have picked a good time to expand.

India: UltraTech Cement plans to complete its merger with Century Cement by September 2019. Chairman Kumar Mangalam Birla said the company has approval from shareholders, the Competition Commission and stock exchanges, according to the Mint newspaper. However, it still needs permission from the National Company Law Tribunal (NCLT).

The merger, which was first announced in May 2018, is a long running reorganisation of assets belonging to the Birla family. Once complete it is expected to give UltraTech Cement dominance in all regional markets with the addition of 13.4Mt/yr of production capacity in Madhya Pradesh, Chhattisgarh and Maharashtra.

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.

India: Transport and Small, and Medium Enterprises (MSME) minister Nitin Gadkari says that cement producers have raised their prices without justification. He alleged that input prices for the industry had not increased and speculated that the companies acted ‘like a cartel’, according to the Times of India newspaper. He added that the higher cost of cement was negatively affecting road and affordable housing construction.

Gadkari said he has asked his officials to intervene in an on-going case in the Supreme Court and also explore the option of approaching the Competition Commission of India. The National Highway Builders Federation has also sought government intervention over the issue.

India: The Builders Association of India (BAI) has called for the creation of a regulatory body to control the price of cement. Sachin Chandra, the president of BAI, called on the newly elected Indian government to set up the organisation, according to the Hindu newspaper. He alleged that the Monopolies and Restrictive Trade Practices (MRTP), the Competition Commission of India and the National Company Law Appellate Tribunal had ‘repeatedly’ found evidence of anti-competitive behaviour in the cement industry.

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 Competition Commission of India (CCI) has approved UltraTech Cement’s acquisition of Century Textiles & Industries. UltraTech Cement said that the CCI had approved the proposed combination under sub-section (1) of section 31 of the Competition Act, 2012. Century Textiles, the cement production subsidiary of BK Birla Group, holds three integrated plants in Madhya Pradesh, Chhattisgarh and Maharashtra respectively with a combined production capacity of 11.4Mt/yr and a 1Mt/yr grinding plant in West Bengal. The takeover has been arranged via a demerger process whereby Century Textiles’ shareholders will be given shares in UltraTech Cement.

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.

India: UltraTech Cement has received approval from the Competition Commission of India (CCI) regarding its bid for Binani Cement. It said that the Committee of Creditors (COC) of Binani Cements had rated Bharat Dalmia as the leading bidder instead of UltraTech Cement because it didn’t have clearance from the CCI. “A lot of apprehensions were raised by the resolution professional about UltraTech obtaining the CCI clearance, on its bid for Binani Cements,” said UltraTech Cement in a statement.