Displaying items by tag: Court

Mexico: The government says that if US-based Vulcan Materials continues to reject offers for land in Quintana Roo on which its Calica-Sac-Tun quarry is situated, then it will designate the land Protected Natural Area status. Reuters has reported that the government has previously offered US$328 – 383m for the property. Vulcan Materials has mounted on-going legal challenges worth US$1.9bn against the Mexican government over the previous closure of its operations.

Tanzania: The Fair Competition Tribunal (FCT) lamented the ‘mischief prevailing in the market’ in a ruling nullifying the Fair Competition Commission (FCC)’s approval of Scancem International’s planned acquisition of a 68% stake in Tanga Cement, dated 28 February 2023. The Citizen newspaper has reported that the FCT granted the parties leave to apply for a review of its earlier decision of 23 September 2022, in which it initially rejected the attempted deal. In its latest judgment, the tribunal drew on principles from South African law to show that companies should be able to submit a new application within one year of rejection, provided there is a ‘substantial change’ of circumstances or market dynamics. The court added that no blame lay with the parties for having lodged their second attempted merger notification within such a timeframe.

India: Dalmia Bharat says that it will complete its acquisition of Jaiprakash Associates’ cement business, Jaypee Cement, towards the end of the 2024 financial year on 31 March 2024. Informist EquityWire News has reported that the deal is ‘taking more time’ than expected to conclude.

Jaypee Cement’s Madhya Pradesh-based subsidiary Jaybee Bhilai Cement is subject to an on-going shareholder dispute, due to which a court has frozen the company’s 74% shareholding in the unit.

Colombia: A court has ordered Grupo Argos to hand over 490 hectares of land in Sucre. The El Colombiano newspaper has reported that the land’s original owners sold their land to Grupo Argos between 2005 and 2007, amid civil conflict. The company argued that it had made the purchase in good faith, however the court rejected this, given that paramilitary violence in the area was a matter of public knowledge. Grupo Argos subsidiary Tekia subsequently planted teak trees on the land as part of the group’s carbon offsetting efforts. The Colombian Land Restitution Unit will now use the land to generate funding for repatriation programmes for people who fled the war.

Kenya: East African Portland Cement Company (EAPCC) has won a legal dispute for the right to evict squatters from 1740 hectares of limestone-bearing land in Machakos County. Nation News has reported that the court struck out the case after claimants failed to produce requested documents. It also ordered the claimants to pay EAPCC’s legal costs.

France/Syria: Lafarge defended itself against charges of endangering its employees in Syria before the French Supreme Court on 19 September 2023. The company, since acquired by Switzerland-based Holcim, has admitted to paying ‘several million euros’ to terror groups while continuing to operate in Syria in 2013 – 2014. The court will also hear Lafarge’s appeal over charges of complicity in crimes against humanity. It will give its ruling on 7 November 2023.

Malaysia: A court has granted Associated Pan Malaysia Cement (APMC) the right to evict Buddhist monks from the Gunung Kanthan caves monastery in Hulu Kinta, Perak. The land is part of a site where APMC has leased 146 hectares of land for limestone extraction. New Straits Times News has reported that the producer operates quarries in Zones A and B of the site, but has yet to commence extraction from Zones C and D. Local authorities had previously given assurance that mining operations ‘would not disturb’ the monastery.

Monks from the Thudong tradition established the Gunung Kanthan caves monastery across two caves in Gunung Kanthan hill in the early 20th century. Today, it contains numerous artefacts and works of art.

Russia: A court has accepted a request by the Prosecutor General’s Office to drop a claim for the appropriation of Russian assets of Germany-based Heidelberg Materials by the Russian government. The assets include shares in cement producers HeidelbergCement Rus and Shale Cement Plant Cesla, as well as minerals producers Gurovo-Beton and Syryevaya Kompaniya.

A lawyer for the prosecutor’s office said “The state's interests can be protected by other lawful means.”

Heidelberg Materials suspended new investments in its Russian business on 10 March 2022. The Prosecutor General’s Office subsequently requested its expropriation, following which a court froze the assets in August 2023. Interfax News has reported that representatives of Heidelberg Materials’ Russian business then made an undertaking to the Russian government, according to which they would maintain their prices, production volumes and number of employees.

India: Dalmia Cement (Bharat) faces a potential stumbling block to its planned acquisition of Jaiprakash Associates’ cement business for US$683m due to an on-going shareholder dispute at subsidiary Jaypee Bhilai Cement. The Economic Times newspaper has reported that a court has frozen Jaiprakash Associates’ 74% shareholding in the company, and ordered it not to create new third party rights. State-owned Steel Authority of India Limited holds the remaining 26% stake in the cement producer, which operates the 2.2Mt/yr Bhilai Jaypee grinding plant in Durg, Chhattisgarh.

Dalmia Cement (Bharat) and Jaiprakash Associates concluded multiple separate agreements for the transfer of ownership of Jaiprakash Associates’ cement subsidiaries on 26 April 2023. Besides Jaypee Bhilai Cement, these include cement plant and limestone mine operator JP Super and grinding plant operator Jaiprakash Power Ventures.

Australia: Cockburn Cement has mounted a successful appeal against a US$187,000 fine for odourous emissions from its Munster cement plant in Western Australia in 2019. Business News Western Australia has reported that the company had been found guilty of six charges related to emissions violations. In its latest judgment, the court revised the company’s fine to US$159,000. It also granted the company leave to further appeal.