Displaying items by tag: Fine

Colombia: The Superintendent of Industry and Commerce (SIC) has confirmed a US$73.5m fine issued against six top executives and cement companies for alleged market collusion. SIC says that Cementos Argos, Cemex and Holcim failed to provide an economically reasonable explanation for similar pricing, according to the El Colombiano newspaper. Cemex has accepted the decision and not filed an appeal. Cementos Argos and Holcim will take the case to the Dispute Tribunal.

Poland: The court of appeal has supported a decision by the Office for Competition and Consumer Protection (UOKiK) in 2009 to fine six cement producers for cartel-like behaviour. However, the total fine has been reduced by one third to Euro67m from Euro98.3m, according to the Polish News Bulletin.

Grupa Ozarow is to pay Euro22.1m, Cemex Polska Euro16.6m, Gorazdze Cement Euro12.3m, Dyckerhoff Polska Euro7.51m, Cementownia Warta Euro5.55m and Cementownia Odra Euro2.87m. Some companies had their fines reduced by the court of appeal. Dyckerhoff will pay Euro7.5m instead of Euro13m and Cemex Polska will pay Euro5.88 less than the original fine. Some of the companies involved are considering appealing to the Supreme Court.

Australia: The New South Wales Environment Protection Authority (EPA) has fined Port Kembla Milling’s cement and slag grinding plant US$23,000 for allegedly storing raw materials in the open, in breach of its licence conditions. Raw materials, including gypsum and limestone, were allegedly stored in the open at the subsidiary of Cement Australia on at least five occasions since January 2016 in breach of the site’s planning approval and licence conditions. Such materials should be stored in an enclosed location to prevent dust emissions.

“The requirement to store materials in an enclosed building is a key way to ensure dust emissions from bulk materials are prevented. A measure that is very important given the residential areas near Port Kembla port,” said EPA Regional Director Metropolitan Giselle Howard.

In addition to the fines, the EPA has also required Port Kembla Milling to complete an independent raw materials handling audit to confirm appropriate storage and management systems are put in place. The company has made some initial steps to respond to this request, and the EPA will continue to work with the licensee to ensure full compliance.

Italy: Legal firm Eversheds Sutherland has suspended a Euro1.8m fine imposed by the Italian Competition Authority on Calme. Fines were made to a number of Italian cement producers in August 2017, according to the Il Sole 24 Ore newspaper. They were in relation to allegations of price fixing and market share coordination between 2011 and 2016.

Colombia: Cemex Colombia has paid a US$25.3m fine to the Superintendent of Industry and Commerce (SIC). The penalty follows an investigation into price fixing by Cemex, Cementos Argos, and Holcim and six senior managers, according to the El Economista newspaper. However Cemex plans to lodge an appeal with the Contentious Administrative Court to reverse the fine.

The fine covers behaviour by the companies between January 2010 and December 2012. SIC’s investigation discovered that collusion between the cement producers artificially increased the price of cement by 30% despite inflation being 9% during the period.

Zambia: The Board of Commissioners of the Competition and Consumer Protection Commission (CCPC) has fined Lafarge Zamiba over US$19,000 for abusing loyalty discount schemes, price discrimination and excessive pricing. The fine represents 10% of its annual turnover in 2012, according to the Times of Zambia newspaper. It follows an investigation in the cement producer from mid-2013 following accusations of ‘persistent’ price rises.

The CCPC says that Lafarge Zambia’s pricing policy discriminated the domestic market against the export market and particularly distorted the sector in Lusaka. It has ordered the company to cease and desist such behaviour and to report to the board in early 2018 regarding how it is complying with the ruling.

Lafarge Zambia operates two cement plants in the country. It says it made revenues of US$171,000 in 2016.

Colombia: The Superintendent of Industry and Commerce (SIC) has fined Cementos Argos, Cemex and Holcim and six senior managers US$68m for fixing the price of Ordinary Portland Cement. The fine covers behaviour by the companies between January 2010 and December 2012. SIC’s investigation discovered that collusion between the cement producers artificially increased the price of cement by 30% despite inflation being 9% during the period.

Cementos Argos responded to the sanction by saying that it rejected the fine and decision by SIC. Following an earlier statement in October 2017 it once again criticised SIC’s methods. According to Reuters, both Holcim and Cemex disagreed with the finding and they said they would take legal action against it.

Italy: Appeals by Italian cement producers to the judiciary of Lazio against fines imposed by the Italian Competition Authority (AGCM) has been deferred to June 2018. Italcementi, Buzzi Unicem, Colacem, Cementir, Sacci, Holcim, Cementirossi, Barbetti, Cementeria di Monselice, Cementizillo, Calme, Moccia, TSC and the Italian Cement Association (AITEC) were penalised more than Euro184m in July 2017 for allegedly coordinating sales prices and agreeing market share from June 2011 to January 2016, according to the ANSA news agency. The majority of the fine was levied on Italcementi and Buzzi Unicem at around Euro84m and Euro60m respectively. Itacementi started appealing against the sanctions in August 2017.

Australia: The Federal Court has upheld an appeal by the Australian Competition and Consumer Commission (ACCC) and raised a fine against Cement Australia and its subsidiaries for anti-competitive agreements to US$16.1m. Originally the cement producer was fined US$13.4m but the ACCC argued it was too low. A cross appeal by Cement Australia was dismissed.

“The penalties imposed in competition cases are hugely important in deterring anti-competitive conduct, which is why we appealed the original penalties given to Cement Australia,” said ACCC Chairman Rod Sims.

The ACCC first brought the proceedings in 2008 against Cement Australia, Cement Australia Holdings, Cement Australia Queensland (formerly Queensland Cement Ltd), Pozzolanic Enterprises and Pozzolanic Industries. They were related to contracts that were entered into by Cement Australia companies between 2002 and 2006 with four power stations in South East Queensland, to acquire fly ash. The court found contraventions of the Competition and Consumer Act in 2014 and a fine was issued in 2016.

Italy: Italcementi, part of Germany’s HeidelbergCement, has said that charges brought by Italy's antitrust authority are unfounded and it would appeal against the sanction at the Lazio court. Italcementi, along with other leading cement producers, is accused by the regulator of allegedly breaching competition rules for the period from June 2011 to January 2016.

In particular, Italcementi has said that it believes that the commercial decisions taken by the previous management to propose nominal price increases to its customers were dictated by autonomous, solid and logical business motives.

Italcementi also considers that the Euro84m fine, one of the highest ever imposed by the authority, is completely disproportionate to the turnover generated by the company in Italy.