Displaying items by tag: Competition

Tanzania: The Fair Competition Tribunal (FCT) has blocked an attempt by Heidelberg Materials to buy a 68% stake in Tanga Cement for around US$59m saying it was contrary to the law. The Germany-based building materials producer announced in October 2021 that it had agreed to buy Tanga Cement from South Africa-based AfriSam via various subsidiaries, according to the Citizen newspaper. The Fair Competition Commission (FCC) provisionally approved the transaction but required the buyer to keep the operations of Tanga Cement running, to continue producing and promoting the Simba Cement (Tanga Cement) brand and to keep employing the existing staff at Tanga Cement. However, Chalinze Cement Limited and the Tanzania Consumer Advocacy Society opposed the decision due to a potential reduction in market competition and successfully made an appeal to the FCT.

In a statement Tanga Cement said that Heidelberg Materials and AfriSam were, “considering how to proceed, but the FCT ruling has placed the acquisition at great risk of not being implemented.” It added that the parties were waiting for a formal ruling from the FCT and would then seek further advice on how to proceed.

Brazil: The Administrative Court of the Brazilian Administrative Council of Economic Defence (CADE) has approved Companhia Siderúrgica Nacional subsidiary CSN Cimentos’ acquisition of LafargeHolcim Brasil, ‘without restrictions.’ The acquisition more than doubles CSN Cimentos’ capacity to 16.3Mt/yr, giving it the largest market share, ahead of InterCement Brasil.

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.

Mexico: The Mexican Federal Economic Competition Commission (COFECE) has fined Cemex US$89,000 for failing to notify it of a transaction that exceeded the threshold for notification. COFECE also approved the transaction in question.

Cemex has the right to seek legal recourse against the fine.

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.

US: Bloomberg has named Germany-based HeidelbergCement, Switzerland-based Holcim and Turkey-based Sabancı Holding as possible bidders for some of Sika’s US admixtures assets. Sika is seeking to divest the assets in order to obtain competition authorities’ approval for its US$6bn acquisition of Germany-based construction chemicals company MBCC from Lone Star Funds.

Argentina: Holcim Argentina has launched a hackathon for project proposals aimed at boosting gender inclusivity in the Argentinian construction sector. Projects may fall along one or more target axes: awareness, education and training, enterprise or public policy. Two winning projects will claim US$300,000 each in prize money, and the contest is open to anyone over 18. The company says that the hackathon is an invite to open a conversation about the presence and appreciation of women in cement and construction.

Mexico: 200 police officers in 80 police cars arrived outside the gates of Cooperativa La Cruz Azul’s Cruz Azul cement plant in Tula, Hidalgo, on 15 December 2021, but failed to enter the plant. The El Financiero newspaper has reported that the police were following a court order to remove the company from the plant. Supervisory board president Alberto Lopez reasserted the company’s right to occupy the property in line with federal government ordinances. Lopez suggested an alleged collusion between cooperativists and Omar Fayad’s Institutional Revolutionary Party (PRI) Hidalgo state government to decieve the courts.

Authorities have frozen Cooperativa La Cruz Azul’s accounts with outstanding bills of US$800,000 in electricity, gas, equipment and services bills, as well as the payroll of its 1100 workers.

Coopertiva La Cruz Azul chair Federico Sarabia said that the developments threaten the existence of the Cruz Azul plant. He said "In terms of quality, Cruz Azul’s cement exceeds the standard. At the time that Cruz Azul disappears as a cement producer, prices will increase.”

Turkey: Steel company Erdmir has received the Turkish Competition Board (TCB)'s approval for its acquisition of a 100% stake in refractory and magnesia producer Kümaş Manyezit Sanayi. Erdemir's parent company is OYAK Group, an industrial conglomerate with interests in cement alongside other industries. Thus, the TCB considered the deal's competition impacts on the cement industry. The board ruled that the vertical merger would not have a negative effect on competition because it does not give rise to horizontally affected markets, hence neither creating nor strengthening any dominant market position.