Displaying items by tag: Irish Cement

Ireland: The Competition and Consumer Protection Commission (CCPC) has appealed against a High Court judgment preventing the CCPC from accessing or reviewing certain electronic documents seized by the CCPC during a search conducted in May 2015.

The High Court judgment arose from a court action taken by CRH against the CCPC following the seizure of hard copy and electronic documents by the CCPC during an unannounced search at the premises of CRH’s subsidiary, Irish Cement, on 14 May 2015. The search related to an investigation by the CCPC into alleged anti-competitive conduct in the bagged cement sector. The orders made by the High Court prevent the CCPC from accessing or reviewing material in the mailbox of Seamus Lynch, a director of Irish Cement, unless the CCPC and CRH agree to appoint an independent third party to ‘sift’ the seized documents for material relevant to the investigation.

The CCPC’s investigation into alleged anti-competitive practices by Irish Cement in the supply of bagged cement continues.

Ireland: Irish Cement is planning to cut the amount alternative fuels it intends to co-process at its Limerick cement plant to 90,000t/yr. The cement producer withdrew its initial planning application in March 2016 but has resubmitted a new application with a lower amount of alternative fuels, according to the Limerick Leader newspaper. It now aims to burn half of the original amount that was originally requested.

It originally announced its Euro10m plan to co-process alternative fuels including tyres at the plant in December 2015. The investment is intended to create 40 jobs. However, local citizens have opposed the plans with over 450 people signing a petition against the development.

Ireland: Justice Max Barrett of the High Court has ruled that the Competition and Consumer Protection Commission (CCPC) breached the terms of a search warrant by seizing the email account of a CRH executive in 2014. The court also determined that the competition body had breached the Data Protection Acts, the Irish constitution and the European Convention on Human Rights. The court added that the seized emails contained material outside the scope of the investigation.

The CCPC responded by saying it was ‘considering carefully’ the implications of the judgment and the next steps that it would take. However, its investigation into alleged anti-competitive practices by Irish Cement in the supply of bagged cement continues.

The CCPC carried out an unannounced search at the premises of Irish Cement on 14 May 2015 as part of an on-going investigation into alleged anti-competitive practices in the supply of bagged cement. During the search, the CCPC seized a number of electronic documents including the mailboxes of a number of current and former employees of Irish Cement. CRH argued that certain emails in the mailbox of one such employee, Seamus Lynch, were unrelated to the business of Irish Cement and were therefore not entitled to be seized. Accordingly, in November 2015, CRH brought a High Court action against the CCPC seeking an injunction to prevent the CCPC from examining these emails.

Ireland: Irish Cement has deferred its plan to co-process tyres at its Limerick cement plant. Planning was lodged in late February 2016, according to the Irish Examiner. However a spokesman for Irish Cement said that the company had noted a few days previously that the planning application had not been made available for public inspection, due to a ‘procedural’ matter. They added that the company was working with the Limerick City and Country Council to resolve the issue.

Local Green Party candidate James Gaffney raised concerns about the plant upgrade in local press in mid-March 2016. He alleged that no public consultation was being carried out on the plant’s plans and that the application was being fast-tracked. Irish Cement denied these claims.

Irish Cement announced its plan to burn alternative fuels at its Limerick plant in December 2015.

Ireland: CRH has taken the Competition and Consumer Protection Commission (CCPC) to the Irish High Court over the seizure of the emails of one of its executives during a competition investigation in 2014. The CCPC was not entitled to ‘essentially run riot’ whilst searching the premises of Irish Cement, a subsidiary of CRH, at Platin, County Meath said CRH’s legal representatives, according to the Irish Times.

Irish Cement has accused the CCPC of seizing and retaining the emails of Seamus Lynch relating to his role with CRH. The CCPC was investigating Irish Cement at this time. Lynch left Irish Cement in June 2011 to join CRH and, when the search was carried was the managing director of CRH Europe (Ireland and Spain). In its challenge, CRH is claiming that the CCPC was not entitled to seize and retain any electronic files relating to a crh.com email account assigned to Lynch because this was not related to the business and activity of Irish Cement.

The CCPC denies all claims. It previously agreed not to use the material pending the outcome of the case.

Ireland: Irish Cement will burn used tyres in a bid to cut costs and secure jobs at its Limerick plant. The company plans to switch to dry waste material such as rubber from used tyres and plastic to heat the kiln at the plant. The switch will cut costs, make the plant cleaner and more competitive, according to the company.

A spokesman for Irish Cement said that the company would shortly be lodging a planning application with Limerick City and County Council for the replacement of fossil fuels with alternative fuels and raw materials to improve the sustainability of their operations. The company will also be seeking a revision of its licence from the Environmental Protection Agency.

"Limerick is Ireland's oldest cement plant, having commenced operations 77 years ago. Its continuous operation has been sustained by continuous investment in new technologies and processes. After the recent period of reduced demand, production is once again on the increase at home and abroad for cement. This fuel replacement programme will be key to sustaining this growth," said Plant Manager Pat Robinson. "Based on experience in other cement plants in Ireland and throughout Europe, the opportunity to reduce our dependence on imported fossil fuels will prove critical to our ability to operate competitively and sustain jobs at Irish Cement Limerick into the future."

Ireland: Ireland's competition watchdog will go to the High Court in July 2015 as part of its probe into alleged anti-competitive practices in the cement industry.

In May 2015, the Competition and Consumer Protection Commission (CCPC) seized thousands of documents when it raided the offices of Irish Cement, a subsidiary of CRH, Ireland's largest listed company. It also visited the offices of several other companies. The CCPC will ask the court in July 2015 to rule on which of the documents seized it is allowed use to build its case, as some of the material could constitute privileged information, such as legal advice. The watchdog has launched an investigation into whether Irish Cement has abused its dominant position in the market, which the company denies.

The commission has confirmed that it seeks High Court approval to filter the material it seized from the CRH subsidiary. "When it conducts such searches, the commission is entitled to compel the target business to disclose information to it even if the target claims that the information in question contains legally privileged material," said the CCPC. The commission said it had, "Made an application to the High Court seeking a determination as to whether certain information seized from Irish Cement during the search operation on 14 May 2015 constitutes legally privileged material." The CCPC is obliged to keep the information confidential until it gets such a determination. It is understood that the documents seized have not yet been handed over to the investigating team, pending the High Court determination.

Irish Cement has previously stated that it fully-facilitated the 'raid' on its premises and is cooperating fully with the CCPC investigation. The commission's investigation is focused on the Euro50m/yr bagged-cement sector. The commission has stressed that the investigation could take some time to complete before any further legal action, if any, is taken.

The CCPC stressed that next month's planned court hearing is simply to help it filter out Irish Cement's legal advice and does not mean that it has decided to prosecute. "For the avoidance of doubt, the commission has not instituted High Court proceedings against Irish Cement for any breach of competition law," it said.

Ireland: Gardaí (Ireland's police force) and officials from the Competition and Consumer Protection Commission (CCPC) raided Irish Cement's offices last week in an investigation into the Euro50m bagged-cement industry. According to local media, the inquiry is focused on charges of abuse of a dominant position, which is an offence under both Irish and European law.

The alleged offence involves a business using a powerful position in a particular market to force out rivals or put them out of business. It often involves predatory pricing, namely cutting charges for products or services to a point where others cannot compete. Irish Cement is one of the largest players in the market.

"Irish Cement fully facilitated the inspection and is continuing to cooperate with the CCPC. Inspections regarding competition policies, procedures and practices are an accepted part of the business environment around the world," said Irish Cement in a statement. The company added that it operated to the highest standard and was confident that it had no issues in relation to competition.

Ireland: A TEC GRECO Combustion Systems Europe GmbH has been awarded a contract by Irish Cement's Platin Works to deliver a new kiln burner for its kiln line 3.

At Platin Works, the 4300t/day FLS kiln uses petcoke and alternative fuels. The modern concept of A TEC GRECO´s Flexiflame® burner offers a high flame momentum to be able to control the flame shape according the required kiln- and process parameters in consideration of a high solid alternative fuel substitution rate.

The new Flexiflame® kiln burner will allow the plant to work more flexible with respect to future fuel supply scenarios. The new equipment is part of a policy to fulfil very strict environmental controls.

Ireland: Irish Cement, a CRH subsidiary, intends to cut 50 jobs at its Castlemungret plant due to a decline in demand for cement. Management has opened talks with workers and unions on a restructuring programme. Irish Cement has been in production at the Limerick site since 1938.

"Management at Irish Cement has met with employees at the company's manufacturing facility at Castlemungret in County Limerick. The company advised workers and union representatives that the unprecedented deterioration in market conditions, combined with a sustained decline in the demand for cement products, have led to the need for a significant restructuring plan to be put in place at the Limerick facility," said a company spokesman.

According to the release the move follows almost five years of decline in the Irish construction industry, with activity now nearly 80% below peak levels in 2007. Currently there is little visible indication of any market improvement in the foreseeable future.