Displaying items by tag: Legal

Nigeria: The head of the Ministry of Mines and Steel Development has publicly rebutted accusations by Abdulsamad Rabiu, the chief executive officer (CEO) of BUA Group, that the ministry and Dangote Cement have ‘sabotaged’ operations at the company. Rabiu made the allegations in a letter sent to President Muhammadu Buhari, according to the This Day newspaper.

Rabiu says that the rival cement company and the ministry colluded in a legal dispute about operations at Okpella in Edo State and mineral resources. Allegedly, a militia attempted to damage the cement plant before security forces intervened. Later government officials and police tried to stop work at a BUA Cement mine despite on-going legal action.

Mohammed Abass, the head of the Ministry of Mines and Steel Development, responded by describing Rabiu’s accusations as, “…an unwarranted campaign of calumny against the ministry.” He added that the cement company was attempting to blackmail the ministry into granting a ‘free pass’ for illegal operations. The ministry says that it issued a Stop Work Order for the disputed mine in 2015 but that BUA Group ignored it and has continued to work at the site whilst the legal case was pending. Later, the staff of BUA Group resisted an attempt to shut the site down in mid-November 2017.

Ireland: The Environmental Protection Agency (EPA) has started legal action against Irish Cement’s for alleged breaches of its operating licence at its Limerick plant. A court summons is related to dust ‘blowouts’ from the plant, according to the Limerick Leader newspaper. The case is scheduled to come before the Limerick District Court in early March 2018. The EPA investigated dust emissions from the plant in April 2017.

France/Belgium: French police have searched the Paris offices of LafargeHolcim as part of an on-going investigation into the company’s conduct in Syria. At the same time the offices of Belgium’s Groupe Bruxelles Lambert (GBL) were also searched, according to the Agence France Presse (AFP). Both companies said they were cooperating with the investigations.

A source quoted by AFP said that the investigators are trying to find out if GBL had been aware of Lafarge Syria’s activities in Syria. GBL is a shareholder of LafargeHolcim that held a 9.4% stake at the end of 2016. The investigation as a whole is attempting to determine whether LafargeHolcim’s predecessor company Lafarge Syria paid terrorist groups in Syria and how much managers knew about the situation.

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.

Costa Rica: Tang Heng, the Chinese Ambassador to Costa Rica, has confirmed that Sinocem China has ended all commercial relations with Sinocem Costa Rica. The statement was made due to an investigation into alleged irregularities and lobbying involving the owner of Sinocem Costa Rica, Juan Carlos Bolanos, and certain officials of state-owned bank Banco de Costa Rica, according to La Nación newspaper. According to Heng, Hangzhou Sinocem Building Materials said in July 2017 that Sinocem China had stopped supplying cement to Sinocem Costa Rica as the latter allegedly purchased cement from other Chinese cement suppliers and continued to use the Sinocem brand on packaging without its permission.

Peru: UNACEM has filed a lawsuit alleging environmental violations against Cempor. Cempor, a joint venture between Chile’s Cementos Bío Bío and Brazil’s Votorantim, plans to build a cement plant in Lima, according to the La Tercera newspaper. The legal move is the latest action in a long running battle between the cement producers over the project. Cempor has responded by alleging to National Institute for the Defence of Free Competition and the Protection of Intellectual Property (INDECOPI) that UNACEM’s conduct is contrary to the functioning of a free market.

Cementos Bío Bío and Votorantim originally formed Cempor in 2010 with each company holding a 29.5% stake. The other owners include IPSA and the World Cement Group with a 20.5% stake each. At this time Cempor planned to build a 07Mt/yr cement plant near Lima.

Indonesia: Semen Indonesia Aceh has suspended construction of its Pidie cement plant in Aceh due to a land dispute. Local community leaders say they support the project but are calling for the disagreement to be resolved first to avoid problems later on, according to the Antara news agency. Locals are also waiting for environmental impact report requirements to be met. Previously, Semen Indonesia Aceh halted a plant construction project in Laweung until land issues were resolved.

France: Lafarge Cement Syria allegedly paid up to US$100,000/month to armed groups including US$20,000 to the Islamic State (IS) terrorist group. Former plant manager Bruno Pescheux told investigators that the money went via local businessman Firas Tlass, who was a former minority shareholder in the cement plant, according to the Agence France Presse. Witnesses in the French judicial inquiry have also described false accounting methods used to disguise oil purchases from IS, travel documents allowing Lafarge trucks to move in the region and a planned meeting between IS and a Lafarge Cement Syria security official. The inquiry continues.

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.

Lithuania: Akmenes Cementas has managed to strike a deal with its creditors over the extension of a loan it took out in 2007. The cement producer has been in talks with various banks since mid-2016 to postpone the loan settlement deadline by three years, according to the Baltic Business Daily. However, Akmenes Cementas went to court and asked for an obligation for the banks to comply with the loan payment schedule signed in May 2017. Legal action was dropped in late September 2017 when the banks agreed to continue crediting the company under a deal. The loan currently stands at Euro53m.