Displaying items by tag: Competition Commission of India

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.

India: UltraTech Cement has received approval from the Competition Commission of India (CCI) regarding its bid for Binani Cement. It said that the Committee of Creditors (COC) of Binani Cements had rated Bharat Dalmia as the leading bidder instead of UltraTech Cement because it didn’t have clearance from the CCI. “A lot of apprehensions were raised by the resolution professional about UltraTech obtaining the CCI clearance, on its bid for Binani Cements,” said UltraTech Cement in a statement.

India: The Competition Commission of India (CCI) has dropped a complaint against JSW Cement concerning denial of supply of cement. The complaint was made by Kerala-based Ramachandran V, an authorised dealer of JSW Cement, according to the Economic Times newspaper. It was alleged that the cement producer had abused its market position by denying the dealer supply of cement in breach of an agreement. In an order dated in late February 2018 the CCI ruled that JSW Cement did not hold a dominant position in the local market. Subsequently the complaint of abuse of a dominant position was not relevant.

India: The Assam Real Estate and Infrastructure Developers' Association (AREIDA) says that the Competition Commission of India (CCI) has appointed an officer to investigate ‘unjustified’ rises in the price of cement. The AREIDA had filed a case with the CCI against Star, Topcem and Dalmia Cements in September 2016, according to the Assam Tribune newspaper. After a preliminary inquiry, the CCI had registered a case against the three companies with Case No. 77/2016, under Section 19 (1) (a) of the Competitions Act 2002, for violation of Sections 3 and 4 of the Act.

India: UltaTech Cement’s net profit has risen by 20% year-on-year to US$292m for the first nine months of its financial year to the 31 March 2017 from US$244m in the same period in the pervious year. Its total income from operations rose slightly to US$3.04bn. However, net sales fell slightly in the third quarter.

The cement producer reported that its board of directors had approved the setting up of a 3.5Mt/yr cement plant at Dhar, Madhya Pradesh for a cost of around US$382m. Commercial production at the plant is anticipated to start in early 2019. The plant is intended to grow the company’s markets in southwest Madhya Pradesh.

UltaTech Cement added that it had deposited a penalty of US$17.3m, 10% of a fine imposed by the Competition Commission of India (CCI) in August 2016. It is also facing a separate fine for U$10m from the CCI in relation to alleged misconduct in Haryana. The company intends to appeal both fines.

India: The Competition Commission of India (CCI) has found seven cement companies guilty of bid rigging and cartelisation and imposed a total fine of nearly US$30m on them. The accused companies are Shree Cement, UltraTech Cement, Jaiprakash Associates, JK Cement, Ambuja Cements, ACC and JK Lakshmi Cement, according to the Times of India. The fines are based on 0.3% of each company’s average turnover for three financial years. Each company has also been ordered to cease and desist such behaviour.

The ruling relates to a tender floated by a Haryana state procurement agency in 2012 that the CCI started investigating in 2014. Evidence cited in the CCI’s order includes text messages and phone calls made between officials of the companies.

UltraTech Cement and Shree Cement have issued statements saying that they will appeal against the fine.

India: The Competition Appellate Tribunal (COMPAT) has rejected an appeal by Binani Cement to waive paying a 10% deposit of a US$25m fine that was given to it by the Competition Commission of India (CCI) for cartel-like behaviour. COMPAT said that the cement producer had failed to add any further information to the situation or pointed out any errors in the procedure, according to the Press Trust of India. In August 2016 the CCI imposed fines of nearly US$1bn on cement producers including ACC, ACL, Binani, Century, India Cements, JK Cement, Lafarge, Ramco, UltraTech, Jaiprakash Associates and the Cement Manufacturers Association for alleged cartelisation activity.

In November 2016, the COMPAT delayed the CCI condition that the cement producers deposit 10% of the fine. However, Binani Cement requested to waive the deposit on grounds of severe financial hardship. Binani Cement now potentially faces interest charges on top of the deposit as its appeal was dismissed.

India: ACC has revealed that an appeal by cement producers to the Competition Appellate Tribunal (COMPAT) against a fine imposed by the Competition Commission of India in August 2016 for alleged cartel activity has succeeded in negotiating the terms of the penalty. The COMPAT has ordered that the producers deposit 10% of the US$1bn fine in a similar manner to that of a fine levied in 2012. That fine was eventually dropped in 2014 with the CCI citing a lack of evidence.

Fines totalling US$1bn were levied on ACC, ACL, Binani, Century, India Cements, JK Cement, Lafarge, Ramco, UltraTech, Jaiprakash Associates and the Cement Manufacturers Association in late August 2016 for alleged cartelisation activity.

India: The Competition Commission of India has approved the proposed acquisition by UltraTech Cement of selected cement assets from Jaiprakash Associates and its associated company Jaypee Cement. The deal concerns 21.2Mt/yr of cement production capacity at a cost of US$2.47bn. The transaction is expected to complete in early to mid 2017.

India: The National Capital Region (NCR) division of the Confederation of Real Estate Developers’ Associations of India (CREDAI) has decided to boycott Shree Cement due to complaints of alleged inconsistent price increases and shortages of cement. The property body also intends to file a complaint with the Competition Commission of India, according to the Economic Times newspaper.

“Shree Cement is arbitrarily increasing prices and stopping supply in between, demanding a price revision, despite taking an advance,” said a CREDAI NCR spokesperson. “Through excuses such as plant not functioning properly and issues with transportation these companies are not meeting the delivery deadlines, thereby affecting the builders’ construction timelines.”

The NCR CREDAI previously stopped using cement from UltraTech and Lafarge, on alleged grounds of cartelisation and malpractices. However it reversed this decision when the cement producers reduced their prices. Shree Cement has not commented on the matter.