Displaying items by tag: Court

Philippines: Phinma Corp.’s cement subsidiary Philcement has ramped up its return to production with the commissioning of a 2.0Mt/yr integrated cement plant with attached terminal facilities in the port of Bataan. The Philippine Star has reported that the company, whose six integrated plants had a majority market share in the country prior to the Asian Financial Crisis of 1997, has invested US$100m on its re-entry to production, including on the Bataan facility, since it announced the return of its Union cement brand to the market in 2018.

Phinma Corp. president and CEO Ramón del Rosario said, “We believe in this government’s ‘Build Build Build’ program and we want to help ensure the success of this program by augmenting supply and offering the highest quality cement to support critical projects.”

Phinma Corp. is among domestic producers awaiting the result of an appeal by the country’s importers against the legality of the government’s safeguard duty on imported cement.

Germany: A Zollernalb, Baden-Württemberg resident who mounted legal action against Tübingen Council in June 2019 over LafargeHolcim subsidiary Holcim Süddeutschland’s use of waste glass in cement production at its 1.1Mt/yr integrated Dotternhausen plant has submitted ‘extensive reasoning’ for the challenge. The Schwarzwälder Bote has reported that Holcim Süddeutschland allegedly did not complete the proper tests before introducing glass to cement production at Dotternhausen in late 2017. The claimant ‘noticed a rise in heavy metal levels.’

At a subsequent council meeting, a Holcim Süddeutschland employee bore witness to the presence of a defective bag filter. By receiving glass ground to grains of a certain fineness, the claimant alleges that Holcim Süddeutschland was able to bypass federal waste regulations necessitating contaminant checks. They said the company was ‘taking citizens for idiots.’

Australia: Adelaide Brighton’s court dispute with Concrete Supply has ended in a ruling in favour of the former. The Advertiser newspaper has reported that between August 2009 and November 2017 Adelaide Brighton supplied US$22.6 to Concrete Supply, for which Concrete Supply paid US$14.5 before entering administration in November 2017. Federal Court judge Anthony Besanko ruled that Concrete Supply ‘could not reasonably have held a genuine belief that it was entitled to the alleged discount or rebate.’

Nigeria: 157 of Cement Company of Northern Nigeria (CCNN)’s 170 accredited shareholders have voted in favour of the company’s planned merger with Obu Cement. The Nation newspaper has reported that the company will submit the result to the Securities and Exchange Commission, which will duly ratify it with the federal High Court, formalising the merger in law.

Pakistan: The Peshawar High Court has rejected a petition by local residents to prevent the construction of a US$245m cement plant in Haripur by the military Frontier Works Organisation. The Balochistan Times has reported that the project will entail the relocation of people from an area of 0.66km2 and the felling of ‘thousands of trees.’ The Supreme Court gave a preliminary hearing to the case on 2 December 2019, giving the Attorney General, Advocate General Khyber Pakhtunkhwa and Defence Ministry until 9 December 2019 to submit their replies.

The Australian cement supply spat calmed down a little this week with the announcement that Wagners Holdings has agreed to resume the supply of cement products from its Pinkenba grinding plant in Brisbane to Boral. Legal proceedings are still on-going with a trial date set at the Supreme Court of Queensland in late November 2019.

The argument blew up publicly in March 2019, when Wagners said it had suspended its cement supply to Boral for six months. Wagners has a cement supply agreement with Boral whereby it supplies cement on an annual basis for a fixed price. However, Boral informed Wagners that it had found cheaper cement from a ‘long established’ supplier in South East Queensland. Local press speculated that this ‘long established’ supplier was Cement Australia, the joint venture between LafargeHolcim and HeidelbergCement. Wagners then had the choice to either match the lower price or suspend its supply. The disagreement took the legal route as the parties failed to reach an agreement. Wagner says that its cement supply agreement with Boral ‘remains binding on both parties’ until 2031.

Wagners later reported that it expected the suspension to cost it around US$7m in 2019. The deal with Boral constituted about 40% of its cement sales volumes. Its overall revenue grew year-on-year in its 2019 business year to the end of June 2019 but its cement sales volumes fell. Its earnings also fell. This was blamed on higher activity in lower margin areas such as contract haulage and fixed plant concrete, and delays in major infrastructure project work in South-East Queensland.

Boral, meanwhile, suffered from falling revenue and earnings from its Boral Australia subsidiary in its financial year to June 2019 due to a slowing construction market. Notably, its cement sales revenue rose by 7% due to ‘favourable’ pricing, higher volumes and cost-saving programs. It didn’t say whether the cost cutting included sourcing cement from a different supplier! All of this though was counteracted by lower contributions from its Sunstate joint venture (JV) with Adelaide Brighton and higher fuel and clinker costs.

All of this is fascinating because these kinds of disputes usually remain out of the public eye. The large size of Wagners’ cement supply deal with Boral meant that when it was threatened it likely had to tell its shareholders due to the potential financial impact. Whether Boral can wriggle out of the contract is now a matter for the courts.

The broader picture is that even though Boral Australia’s cement division seemed to be growing in its 2019 financial year it was still trying to reduce its costs in the face of a decelerating construction market. Added to this, the companies hold both a supplier and a competitor relationship. On the production side Boral operates an integrated plant at Berrima in New South Wales (NSW), a grinding plant at Maldon, NSW and another grinding plant in its Sunstate JV at Brisbane, Queensland. Wagners runs its own grinding plant at Pinkenba, Queensland. Both companies operate concrete plants. This is not unusual for a concentrated industrial sector like cement but it creates problems for the regulators. Note that, also this week, the Australian Competition and Consumer Commission was reportedly paying attention to the links between Barro Group and Adelaide Brighton. Barro owns a 43% stake in Adelaide Brighton but the authorities are concerned about a possible overlap in the two companies’ roles as suppliers of cement, concrete and aggregates. Any slowdown in construction in Australia seems likely to heighten these kinds of issues.

Australia: Wagners Holdings announced on 23 October 2019 that it will resume the supply of cement products to Boral at an undisclosed price following the suspension of deliveries due to a collapse in relations in March 2019. The companies are due to meet in court in late November 2019.

US: A court in South Carolina has ruled against a dismissal motion submitted by Lafarge North America, Argos USA and six other manufacturers of ready-mix concrete which stand accused of fixing prices, rigging project bids and allocating territories and customers amongst themselves. Class Action Reporter has stated that the defendants asserted that the complainants, who claim to have suffered injury by the alleged conspiracy, have failed to provide actionable facts pertaining to the role of each accused party, the duration of the purported anti-competitive behaviour and its geographic scope including the court’s jurisdiction. Lafarge further contested that the Statute of Limitations precludes its prosecution, because it ceased concrete trading in the region in 2011. The court concluded that the claim contained sufficient fact for further examination to be reasonably expected to reveal evidence of an illegal agreement. It will hear the case against all defendants.

Canada: Lafarge Canada has received a US$0.3m fine for failing as an employer to ensure that safety measures and procedures in the workplace were upheld. This follows the 2017 death of an employee who fell from a corroded catwalk at the company’s Beachville quarry.

Sweden: The Land and Environment Court will hear the dispute over Cementa’s licence to work a limestone quarry near its Slite plant in Gotland on 30 September 2019. The company has stated the supply of stone from the quarry is essential to the existence of the 2.5Mt/yr integrated cement plant. It is seeking to extend the permit, which expires in 2021, to 2041.