Displaying items by tag: Fine

India: The Supreme Court has agreed to examine a plea by cement producers about a charge of cartel-like behaviour made by real estate developers and upheld by the Competition Commission of India (CCI). However, the court has insisted that the payment schedule of the fine imposed will have to be upheld while the appeal proceeds, according to the Economic Times newspaper. The accused cement producers have been ordered to deposit 10% of the fine.

10 cement companies – including India Cements, Ramco Cements, Nuvoco Vistas Corporation, Ambuja Cement, ACC, Jaiprakash Associates, Century Textiles and Industries and UltraTech Cement – were accused by the Builders' Association of India and the CCI in 2010 of cartel-like behaviour. They were then fined US$905m or 0.5% of their net turnover. The producers first tried to appeal with the National Company Law Appellate Tribunal (NCLAT) but the tribunal dismissed their plea against the CCI finding in late July 2018.

Russia: The head of Job Safety, Industrial Safety & the Environment Department at Eurocement’s Nevyanskiy Tsementnik cement plant has been fined Euro42,000. The fine was issued by the local authorities for emissions of non-organic dust with high silicon content, according to URBC Daily News. The plant does not have an emissions permit.

India: The National Company Law Appellate Tribunal (NCLAT) has dismissed an appeal by cement producers against a US$975m fine for alleged cartel-like behaviour. The Competition Commission of India penalised 11 cement companies in August 2016, according to the Press Trust of India. The companies included UltraTech Cement, ACC, Ambuja, Ramco and JK Cement and the Cement Manufacturers’ Association (CMA). UltraTech Cement has been fined US$171m, the highest amount in the group.

Colombia: Cemex Colombia has been fined US$429,000 for taking groundwater from the Tunjuelo River without permission. The sanction of the District Department of the Environment of Bogotá imposed the penalty, according to the La Republica newspaper. However, the settlement exonerated Cemex of causing any environmental damage. The company says it does not plan to file any legal appeal for the sanction.

Italy: The Administrative Regional Court of Lazio has confirmed fines on local cement producers for cartel-like behaviour after an appeal process. Italcementi has been fined Euro84m, Buzzi Unicem has been fined Euro60m and Cementi Moccia has been fined Euro0.69m, according to the ANSA news agency.

The Italian Competition Authority (AGCM) originally imposed total fines of over Euro180m in late 2017 upon Italcementi, Buzzi Unicem, Colacem, Cementir, Sacci, Holcim, Cementirossi, Barbetti, Cementeria di Monselice, Cementizillo, Calme, Cementi Moccia, TSC and the Italian Cement Association (AITEC) for allegedly coordinating sales prices and agreeing market share from June 2011 to January 2016. The other cement companies are currently awaiting the outcome of their own appeals.

Rwanda: Vincent Munyeshyaka, the Minister of Trade and Industry, says that traders who are charging too much for cement will be fined. He told the New Times newspaper that about 30 traders have been fined for cement price speculation so far. Fines range up to about US$350. The country has faced a shortage of cement since February 2018 when local producer Cimerwa started upgrade work at its Bugarama plant.

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.