Displaying items by tag: Court

Tanzania: The Tanzania Fair Competition Tribunal (FCT) has ruled that Heidelberg Materials subsidiary Scancem International cannot acquire Tanga Cement from AfriSam at present. The Fair Competition Committee had previously approved the acquisition to proceed in February 2023. In its latest ruling, the FCT found that the commission had not been within its powers to set aside a previous court ruling of the FCT, dated September 2022. The FCT acknowledged that the market situation may have changed since its first ruling, but underlined the need for legal procedure.

Judge Salma Maghimbi said “The act or conduct of the two respondents did not send a good message to the public, nor to potential investors who would have been interested in coming to invest in our country.”

India: ACC says that it will not carry out an independent investigation into its parent company Adani Group. US-based short-seller Hindenburg Research accused the group of stock manipulation and accounting fraud involving a 'labyrinthine network' of shell companies in January 2023. Prior to making its accusations, Hindenburg Research obtained a short position on Adani Group. An investigation into Adani Group's activities by the Securities and Exchange Board of India will conclude on 14 August 2023. Filings have also been submitted to the Supreme Court of India.

The Business Standard newspaper has reported that ACC said "Pending final outcome of regulatory investigations and related proceedings, the company has decided to not carry out any separate independent investigation in the matter, and the financial results do not carry any adjustments in this regard." It added "The expert committee submitted its report in the matter dated 6 May 2023, finding no regulatory failure."

Adani Group's original rebuttal of the allegations can be read online here.

UK: A court has fined CRH subsidiary Tarmac US$516,000 for failing to ensure the provision of moveable guards fitted to an interlocking device connected to a rotary mill at its Dunbar cement plant between January 2019 and April 2021. The East Lothian Courier newspaper has reported that the failure resulted in a worker’s loss of fingers after he came into contact with the unit’s rotary valve on 30 April 2021. The producer has until 20 September 2023 to pay the fine.

Kenya: A court has authorised an auction of East Africa Portland Cement Company (EAPCC)'s moveable property to proceed, in order to pay former staff. The Nation newspaper has reported that EAPCC owes the employees US$10m in unpaid wages. The court allowed the auction in favour of 60 claimants. It instructed a further 150 claimants to seek redress by other means, due to insufficient available proceeds from the sale.

Kenya: A court has ruled in favour of Absa Bank Kenya and Kenya Commercial Bank's right to appoint an administrator for Savannah Cement. The banks are seeking to recover US$72.9m owed by the producer. The Star newspaper has reported that a previous court ruling in December 2022 prevented the lenders from appointing an administrator or seizing assets.

Fiji: A court has ordered Pacific Cement, Tengy Cement and haulage contractor RPA Group to pay damages to Fiji Fish Marketing Group for creating a nuisance. The Fiji Times newspaper has reported that the court found that the cement importers emitted dust during the unloading of clinker, which caused Fiji Fish to incur a loss. The damages amounted to US$900,000.

Mexico: Vulcan Materials is reportedly preparing to launch new legal action against the government of Mexico. The government supported an alleged illegal entry by Cemex into the company's Punta Venado cement terminal on 14 March 2023. The cement producer is engaged in existing lawsuits against the government for compensation worth a total sum of US$1.9bn. It originally sued the government for US$529m in 2019. Local press has reported that the producer previously filed a subordinate claim to its suit for incursions onto its mining operations in Quintana Roo in mid-2022. The latter supplied limestone to Vulcan Materials' US operations.

Colombia: A criminal court has found former Cemex Colombia vice president Édgar Ramírez Martínez and fellow former director Eugenio Correa Díaz guilty of fraud, according to El Espactador newspaper. The court found that Ramírez Martínez had committed unfair administration, illicit enrichment and falsification of a private document in the process of obtaining land for use as a quarry to supply its Maceo cement plant in Antioquia. It found that Correa Díaz had committed illicit enrichment, money laundering and falsification of a private document while serving as an intermediary in the same process. Ramírez Martínez received a prison sentence of 15 years and one month, while Correa Díaz received a sentence of 20 years.

Cemex Colombia obtained the land in question during the administration of the estate of deceased embezzler José Aldemar Moncada. The court found that it had defrauded the true owners, a local family, in order to include it in Moncada's asset forfeiture prior to sale to Cemex Colombia by Correa Díaz.

Mexico: President Andrés Manuel López Obrador has accused the US government of funding environmentalists' challenges to the government's planned Tren Maya tourist railway project. AP News has reported that López Obrador has declared the project a matter of national security.

Cemex is currently embroiled in a dispute with Vulcan Materials subsidiary Sac-Tun over use of the latter's Punta Venado terminal in Quintana Roo. The terminal sits along the planned route of the Tren Maya line. The Mexican State Prosecutor's Office supported Cemex's re-entry into the terminal on 14 March 2023. The government previously rejected Sac-Tun's application to renew its quarrying licence for its quarry at the site of the terminal.

For more on this story, read our Global Cement Weekly analysis.

Mexico: Cemex says that it is within its rights to have continued using the Punta Venado terminal in Quintana Roo beyond the expiry of its contract with owner Sac-Tun at the end of 2022. Cemex says that it obtained an injunction to continue using the facilities after it began to have difficulty accessing them in late 2022. It subsequently obtained a contempt of court order against Sac-Tun when it tried to prevent it from accessing the terminal.

The Mexican State Prosecutor's Office supported Cemex's re-entry into the Punta Venado terminal on 14 March 2023.