Displaying items by tag: Competition
Cement Manufacturers Association of the Philippines to stop gathering sales data over competition concerns
23 August 2017Philippines: The Cement Manufacturers Association of the Philippines (CEMAP) has decided to stop collating quarterly sales data on the cement industry due to competition concerns. Instead its president Ernesto Ordonez has urged the government to gather the information, according to the Philippines Star newspaper. Its last report was in 2016. CEMAP is currently under investigation by the Philippine Competition Commission for allegations of anti-competitive behaviour.
Philippine Competition Commission expects to complete investigation of cement industry by 2019
03 August 2017Philippines: The Philippine Competition Commission (PCC) expects to complete an investigation in alleged violations of competitive practice by the cement industry by 2019. PCC commissioner Stella Quimbo made the comments at a forum on the Philippines Competition Act (PCA), according to the Philippines Star newspaper. The investigation follows a probe earlier in 2017 in which the commission says it found reasonable grounds to proceed based on allegations made by the former trade undersecretary Victorio Dimagiba. According to a legal statement made by Dimagiba, the Cement Manufacturers Association of the Philippines (CEMAP), led by its president Ernesto Ordonez, Lafarge Holcim Philippines and Republic Cement and Building Materials violated the provisions of the PCA by engaging in anti-competitive agreements.
Brazilian regulator clears Magnesita and RHI merger
12 July 2017Brazil: The Brazilian competition authority CADE has cleared the proposed merger between Brazil’s Magnesita and Austria’s RHI Group without restriction. This is the last major regulatory approval the merger process has required. RHI and Magnesita announced in October 2016 that were to merge to create a new refractory company called RHI Magnesita in 2017.
Chile: Hurtado Vicuña Group has been cleared by the Chilean competition authority (TDLC) to buy a controlling stake in Cemento Polpaico from LafargeHolcim. However, it will be required to sell assets from its concrete business worth up to an estimated US$90m, according to the Diario Financiero newspaper. The agreement also includes other measures such as a ban on repurchasing assets within 10 years. Hurtado Vicuña and its subsidiary Inversiones Caburga operate Cementos Bicentenario (BSA). It agreed to buy Cemento Polpaico in October 2016.
European Commission blocks HeidelbergCement and Schwenk's proposed takeover of Cemex Croatia
06 April 2017Europe/Croatia: The European Commission has blocked the proposed takeover of Cemex Croatia by HeidelbergCement and Schwenk under the European Union (EU) Merger Regulation. The commission expressed concerns that the takeover would have significantly reduced competition in grey cement markets and increased prices in Croatia. The decision follows an investigation by the commission into the proposed deal where HeidelbergCement and Schwenk, two German cement companies, would acquire Cemex's assets in Croatia via their joint-venture company Duna Dráva Cement (DDC).
"We had clear evidence that this takeover would have led to price increases in Croatia, which could have adversely affected the construction sector. HeidelbergCement and Schwenk failed to offer appropriate remedies to address these concerns. Therefore, the Commission has decided to prohibit the takeover to protect competitive markets for Croatian customers and businesses," said Commissioner Margrethe Vestager.
The commission found that the takeover would have eliminated competition between companies that were competing directly for the business of Croatian cement customers and could have led to a dominant position in the markets. The combined market shares of the parties would have been around 45 - 50% in the markets and reached more than 70% in parts of the country, notably in Dalmatia. It found that DDC had been pursuing a strategy to increase sales in Croatia, resulting in more competitive prices for Croatian customers in recent years. Allowing the takeover would have reduced this competition. The commission also found that the remaining domestic cement suppliers and importers would not have been able to compete effectively with the new entity due to limited potential for sales expansion and due to being further from potential markets. In addition there are no independent terminals available on the Croatian coast for seaborne imports.
None of the proposed remedies offered by HeidelbergCement and Schwenk satisfied the commission. Options such as a granting access to a cement terminal leased by Cemex Croatia on the Neretva river in Metković in southern Croatia were deemed insufficient and temporary.
Cemex Croatia, the largest cement producer in the country, operates three cement plants, seven concrete plants, two aggregates quarries and a network of maritime and land-based terminals in Croatia, Bosnia-Herzegovina and Montenegro. DDC and HeidelbergCement are the largest cement importers in Croatia.
Cemex Croatia operates three cement plants, seven concrete plants, two aggregates quarries and a network of maritime and land-based terminals in Croatia, Bosnia-Herzegovina and Montenegro. DDC imports grey cement into Croatia from its plants in Hungary and Bosnia-Herzegovina, the closest competing plant to Cemex's plants in Split. HeidelbergCement imports grey cement into Croatia from a plant in Italy.
European Commission set to block HeidelbergCement and Schwenk purchase of Cemex Croatia
29 March 2017Croatia: The proposed acquisition of Cemex Croatia by HeidelbergCement and Schwenk is set to be blocked by the European Commission according to sources quoted by Reuters. The commission started investing the deal in October 2016 following plans by HeidelbergCement and Schwenk to buy Cemex Croatia via their jointly owned subsidiary Duna Drava Cement (DDC). The deal would see the largest producer in the area merged with the largest importer. However, a final decision on the transaction has not been made yet and the European Competition Commissioner Margrethe Vestager could still rule in favour of it. The commission is expected to make a final decision by 18 April 2017.
Cement Manufacturers Association of Philippines seeks ‘fair’ treatment in competition investigation
09 March 2017Philippines: The Cement Manufacturers Association of the Philippines (CEMAP) has asked that the local industry be treated fairly in an investigation by the Philippine Competition Commission (PCC). In a press statement, Ernesto M Ordoñez, President of CEMAP said that his association had not been notified or given a copy of a compliant filed by a legal firm, according to the Manila Bulletin. He added that the association’s lawyers had previously tried to find out more about the complaint in late January 2017 but had not had a reply.
"Fairness requires that both sides are heard. Not only were we not given a chance to be heard. More than a month after our letter to PCC asking for what the complaint is about so we could give our side, we still have no reply from PCC. We just found out about the nature of the complaint through the newspapers. This is one-sided and unfair, specially considering the track records of the subjects of the complaint," said Ordoñez.
The PCC announced in early March 2017 that was preparing to investigate the cement industry for alleged violations of competitive practice following a legal statement by Victorio Dimagiba, a former trade undersecretary, in August 2016 accusing CEMAP, LafargeHolcim Philippines and Republic Cement and Building Materials of engaging in anti-competitive agreements.
Philippines: The Philippine Competition Commission (PCC) is preparing to investigate the cement industry for alleged violations of competitive practice. It says it has found reasonable grounds to proceed to a full administrative investigation on the cement industry for possible violations of Sections 14 and 15 of the Philippine Competition Act, according to the Philippine Star newspaper. This follows a legal statement by Victorio Dimagiba, a former trade undersecretary, in August 2016 accusing the Cement Manufacturers Association of the Philippines (CEMAP), LafargeHolcim Philippines and Republic Cement and Building Materials of engaging in anti-competitive agreements.
Dimagiba has accused the cement producers of striking illegal agreements including, “restricting competition as to price or components thereof or other terms of trade, abusing their dominant position by engaging in conduct that substantially prevents, restricts, or lessens competition, imposing barriers to entry, or committing acts that prevent competitors from growing within the market.” He has also alleged that Ernesto Ordonez, the head of CEMAP, has used the trade association to justify violating the Philippine Competition Act, as well as maintaining prices of domestic cement in the retail market ‘unreasonably’ high.
Ordonez responded to the claims saying that he was puzzled about the PCC’s decision and that CEMAP had not been informed about a preliminary inquiry.
HeidelbergCement appeals against investigation by European Commission into purchase of Cemex Croatia
28 February 2017Croatia: HeidelbergCement has appealed against an investigation by the European Commission into the proposed joint purchase with Germany’s Schwenk Zement of Cemex Croatia. The cement producer asserts that by considering Schwenk and itself rather than Duna-Dráva Cement (DDC), a subsidiary that both companies own equally, the commission has given the transaction a ‘Union dimension,’ according to the Official Journal of the European Union. Although DDC is based in Hungary, within the European Union (EU), it imports cement into Croatia (in the EU) from Bosnia & Herzegovina, a country outside of the union. The appeal was made in late December 2016 but only reported in late February 2017.
The European Commission revealed that it was investigating the proposed acquisition of Cemex Croatia by HeidelbergCement and Schwenk in October 2016. The commission was concerned that the transaction would merge the biggest producer in the area with the biggest importer, potentially reducing local competition.
Brazil: Brazil's antitrust watchdog Cade has decided to end its investigation into 18 companies from the cement sector over alleged anti-competition practices. The allegations were that some of the companies had reached an agreement to refuse to provide three types of cement to competitors outside of an economic group, which would lead to increased prices of the products, according to the Valor Economico newspaper. Cade determined punishments were to be applied to Holcim Brasil, Cimento Tupi and Votorantim Pimentos. However, case leader Paulo Burnier decided that there insufficient evidence to apply sanctions on the majority of companies concerned. He also noted that some of the companies had already been set punishments by Cade for involvement in cartel practices.