Displaying items by tag: Court

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.

France/Syria: Four Lafarge Cement Syria executives, including Bruno Lafont, CEO of Lafarge from 2006 until its 2015 merger with Holcim, have appeared in court in France to challenge their June 2017 indictments on charges of funding terrorism. This related alleged payments by Lafarge Cement Syria of Euro13m to IS to ensure the safe activity of its Syrian sites throughout the country’s civil war. A ruling will be handed down on 24 October 2019. Agence France Presse has reported that the Syrian-Canadian Amro Taleb, a former Lafarge Cement Syria intermediary whom executives have described as a ‘crook,’ has been indicted on the same charge.

US: Cementos Argos has won its case before the Court of Appeals for the Third Circuit. Spartan Construction accused it of unlawfully selling cement at a lower price to a competing buyer in the US Virgin Islands. Mondaq reports that Argos traded with both Spartan and Heavy Materials on St. Thomas between 2010 and 2013, when Spartan withdrew its ready-mix concrete business from the island. Only the latter received a 10% volume discount. The court found Argos not in violation of competition law due to lack of proof of harm attributable to discriminatory prices.

Kenya: PricewaterhouseCoopers has rejected Rai Group’s bank guarantee of US$12.5m as part of its US$62.6m bid for ownership of ARM Cement. The bid constituted an attempt to forestall the latter’s sale to Devki Group subsidiary National Cement, which remains under the scrutiny of the courts. Business Daily has reported that Rai Group’s offer failed due to an insufficient expiry period of nine months on the guarantee, exposing the seller to untenable risk.

Belarus: The Council of Ministers has received a recommendation from the State Control Commission (SCC) that punitive measures be taken against officials responsible for cement production in the midst of another disappointing year. Belapan has reported that members of the SCC blamed the failure to secure efficient performance on untenable costs due to intermediaries. Investigators from the SCC’s Financial Investigations Department (FID) found that Russian intermediaries were selling cement produced in Belarus to Belarusian state-owned companies at a marked-up price. A total of 13 criminal cases have been opened in connection with the findings, including one against an executive of a Belarusian cement company.

In 2013, Belarus completed the modernisation of its three state-owned cement producers, Belarusian Cement, Krasnoselsktroymaterialy and Krichevcementnoshifer to a total capacity of 2.3Mt/yr, at a cost of US$1.1bn. In 2018, the companies missed eight of their 10 key performance targets. Besides cost reduction, capacity utilisation and labour productivity targets were not met.

Elsewhere, Krasnoselsktroymaterialy has tendered for the supply of gas cleaning equipment, including the replacement of bag filters at two of the mills in its grinding facility.

Australia: Adelaide Brighton’s credit manager from 2009 to 2017 appeared in Adelaide Magistrates Court accused of defrauding the company of US$8.52m over 230 different occasions. ABC news has reported that the defendant stands charged of aggravated deception and dishonestly dealing with documents.

Australia: A general labourer and rigger who worked for Macweld Industries, contracted by Adelaide Brighton at its Birkenhead cement plant, is suing the cement company. The Advertiser has reported that the man is seeking damages for Adelaide Brighton’s ‘failure to take reasonable action to minimise risk of injury,’ which allegedly led to the man falling through a hole during upgrade works on the plant in 2016. The man previously received an unspecified sum in worker’s compensation benefits from his erstwhile employer.

Kenya: Rai Group must pay a guarantee of US$62.6m to forestall the sale of Athi River Mining (ARM) Cement. The Kenyan financial services company, owned by Jaswant Rai, is backing a claim by Pradeep Paunrana against PricewaterhouseCoopers over its administration of the sale of the publically-owned ARM Cement. Paunrana, erstwhile majority shareholder and managing director of ARM Cement, is contesting the cement company’s sale in May 2019 to Nairobi Cement, a subsidiary of Devki Group, for US$48.2m including a deposit of US$9.62m. Paunrana argues that the sale was unfair because ARM Cement was misvalued, having missed opportunities to sell its fertiliser and mineral production businesses due to pressures from potential buyers. Business Daily has reported that Paunrana previously submitted an unsuccessful bid in consortium with Rai Group to buy back the company for US$62.6m, also May 2019.