Displaying items by tag: Legal

Ireland: Irish Cement has been fined Euro4000 for dust emissions in December 2017. The subsidiary of CRH pleaded guilty at Limerick District Court to breaking the terms of the industrial licence at its plant in Limerick in early December 2017, according to the Irish Times newspaper. The cement producer reportedly unsuccessfully attempted to clear a build-up of dust in the plant’s kiln. A ‘significant’ amount of dust polluted the local neighbourhood subsequently leading to 21 complaints to the Environment Protection Agency. The cement producer was fined previously in mid-2018 for dust emissions occurred in April and May 2017.

Argentina/US: US law firm Howard G Smith has filed a class action lawsuit against Argentina’s Loma Negra on behalf of investors that purchased securities in the company’s initial public offering (IPO) in late 2017. The legal complaint alleges that the cement producer misled investors by: misrepresenting Loma Negra's exposure to a corruption scandal affecting its owner, Brazil’s InterCement; misrepresenting demand for Loma Negra’s products; misrepresenting the general state of the Argentine economy; and including references to known potential risks that had already happened.

Loma Negra launched its IPO in November 2017. Since then cement sales in Argentina have fallen year-on-year in the second half of 2018 and the general economy has floundered. The local competition body, the National Commission for Protection of Competition, also started an investigation into alleged collusion and coordinated behaviour in the cement industry in May 2018

Nigeria: Four workers of Dangote Cement have faced criminal charges at the Ogun State High Court by the Economic and Financial Crimes Commission (EFCC) for an alleged US$40,000 fraud. Adewale Dalmeida, Ibrahim Lawal, Afeez Olaniba and Lukman Adam were arraigned before the court on two counts of conspiracy and stealing, according to the Punch newspaper. The defendants allegedly diverted nine cement trucks, which were meant to be delivered to Togo. The EFCC alleges that the individuals used fake identity cards and truck number plates to carry out the misdemeanour. The defendants have pleaded not guilty to the charges. The case will now go to trial.

Fascinating information came out of LafargeHolcim last week as part of its Capital Markets Day 2018. The building materials company said it is expecting sales growth to slow in 2019 but earnings to grow. Jan Jenisch, the chief executive officer (CEO), said that the group was ‘aggressively’ moving forward in aggregates and ready-mix concrete. Alongside this, its recent divestment of its Indonesian operations was declared a ‘major’ milestone in focusing its portfolio and cutting down on debt.

Graph 1: LafargeHolcim’s major product lines by sales (%), 2015 – 2017. Source: Company reports.

Graph 1, above, gives a good idea of how LafargeHolcim has been changing its business. Cement sales as a percentage of total sales have been cut to 60% in 2017 from 67% in 2015. Ready-mix concrete and other sales (including asphalt) have risen to 26% from 19%. Aggregate sales have stayed at around 14%. If the world is making too much cement then LafargeHolcim is switching to concrete and balancing out its supply chain. Naturally, this was backed up in one of its investor presentations showing a more even split in the world building materials market between cement, concrete and aggregates. This fits with Jenisch’s background as the former head of Sika. That company manufactures a wide range of specialty chemicals for the construction and automotive industries.

That shift in focus could also be seen at the inaugural Global Cement and Concrete Association (GCCA) event in late November 2018 where concrete was very much the centre of attention from a sustainability angle. The main companies involved with the GCCA are vertically integrated ones and, by switching its product balance, LafargeHolcim seems to be moving in the same direction. In a sense this is a continuation of the synergy-seeking that was promised when Lafarge and Holcim merged in 2015.

Graph 2: Forecast cement demand growth in LafargeHolcim markets. Source: LafargeHolcim investor presentation 2018.

The other interesting question for LafargeHolcim is where next for growth? The graphic above shows a number of promising areas, including India and east Sub-Saharan Africa. Also, note the slowdown forecast for China. That renewed faith in India is timely this week given the expectation by the Indian Cement Manufacturers Association that cement demand growth in the country will rise by at least 10% in the current financial year to March 2019. If the momentum holds up after a strong first half then it will mark the fastest increase for the region since the market slowed down in 2011. LafargeHolcim doesn’t appear to be on course to grow significantly in India anytime soon but it has major ‘skin in the game’ in a promising market.

Another indication of the vibrancy of the Indian market also came this week from the Cement Sustainability Initiative (CSI) with the results of a status review from its low carbon technology roadmap (LCTR). The results were fairly good for such a large industry, with falling CO₂ emissions intensity, growing co-processing rates and a decreasing clinker factor. This report carried a sad note given that the work that the CSI does will be taken over by the GCCA in January 2019. However, if this is the last we’re going to hear from the CSI, then they’ve left on a high note.

Lastly, leafing through old financial reports may not be everybody’s idea of a good time but it does let one see how LafargeHolcim’s product mix has changed. It also gives one time to catch up with old faces. Like Bruno Lafont and Eric Olsen. Once again those two former executives popped up in the latest twist of the on going Lafarge Syria legal case as a group of Yazidi women have applied to become ‘civil parties’ in the case. Whether the war crimes inflicted upon the Yazidis can be pinned on Lafarge Syria remains to be seen. Yet, for all of the LafargeHolcim’s business reorganisation, its predecessor’s conduct in Syria continues to make headlines. However much progress the company makes in turning around its fortunes, if it can be, this will continue to overshadow everything. Once a line is drawn under the affair then LafargeHolcim can move on properly.

France/Syria: A group of Yazidi women have applied to become ‘civil parties’ in a criminal case brought in France against Lafarge and several of its executives for complicity in crimes against humanity and financing a terrorist organisation. The women survived rape and slavery at the hands of the Islamic State (IS) group in Iraq and Syria, according to the Agence France Presse. Lafarge allegedly made multi-million dollar payments to IS in order to continue operations at one of its cement plants in northern Syria in 2013. Lawyers on behalf of the Yazidi said that the case would allow the women, "to have their voices heard in a court of law."

Lafarge Syria is suspected of paying nearly Euro13m to IS and other militant groups to keep the Jalabiya plant running. Payments by the cement company were considered a ‘tax’ in exchange for which militants allowed free movement of the company's staff and goods inside the warzone, according to investigators.

Colombia/US: Edgar Ramírez, the former vice president of planning for Cemex in Colombia, has been summoned by the US judiciary in relation to the Maceo cement plant corruption case. Ramírez reportedly fled to the US following calls for his arrest in Colombia earlier in 2018, according to W Radio. Another suspect in the case - Eugenio Correa Díaz, the former representative of CI Calizas y Minerales, which sold the property to the cement producer, is also being questioned by the US authorities. Ramírez and accomplices allegedly paid over US$13m to Correa, despite being aware of the fact that the property was in the process of being expropriated over unpaid taxes.

India: UltraTech Cement says that Binani Cement has become a wholly-owned subsidiary. The announcement to its shareholders follows a protracted legal battle with Dalmia Bharat group over the outcome of an auction for the insolvent producer. The acquisition includes production capacity in Rajasthan as well as subsidiaries in China and the UAE.

Pakistan: The Supreme Court has ordered DG Khan Cement to pay nearly US$0.6m into a dam fund in relation to falling water levels at the Katas Raj Temples in Chakwal, Punjab. The cement producer must make a deposit of US$0.5m as payment for water it used and US$0.1m as a penalty for ‘misleading’ the court, according to the Nation newspaper. The court has accused the company of pumping water from boreholes leading to water loss at a pond at the temples.

India: The Supreme Court has upheld a decision by the National Company Law Appellate Tribunal (NCLAT) to approve a revised US$1.11bn bid for Binani Cement. The court rejected a challenge by Rajputana Properties, a subsidiary of rival bidder Dalmia Bharat group, according to the Hindu newspaper. UltraTech Cement made a direct bid for the bankrupt Binani Cement following an auction in March 2018 that was originally won by Dalmia Bharat. Dalmia Bharat disputed UltraTech Cement’s offer and the two companies have conducted legal campaigns to reinforce their respective claims.

Philippines: Cemex Philippines is facing legal action in relation to the quarry operations of its subsidiary in Naga following a landslide that killed nearly 80 people in September 2018. It said that it had received a summons order for the class suit along with its subsidiary APO Cement, according to the BusinessWorld newspaper. The defendants also include APO Land & Quarry, the Mines and Geosciences Bureau Regional Office VII, the City Government of Naga and the Province of Cebu. The lawsuit is attempting to seek damages of up to US$80m on environmental grounds on relation to the quarry.