Displaying items by tag: Competition and Consumer Protection Commission

Zambia: The Board of Commissioners of the Competition and Consumer Protection Commission (CCPC) has fined Lafarge Zamiba over US$19,000 for abusing loyalty discount schemes, price discrimination and excessive pricing. The fine represents 10% of its annual turnover in 2012, according to the Times of Zambia newspaper. It follows an investigation in the cement producer from mid-2013 following accusations of ‘persistent’ price rises.

The CCPC says that Lafarge Zambia’s pricing policy discriminated the domestic market against the export market and particularly distorted the sector in Lusaka. It has ordered the company to cease and desist such behaviour and to report to the board in early 2018 regarding how it is complying with the ruling.

Lafarge Zambia operates two cement plants in the country. It says it made revenues of US$171,000 in 2016.

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: 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: 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: CRH has gone to the High Court to seek the return of documents seized by the Competition and Consumer Protection Commission (CCPC) in a raid in May 2015.

The CCPC, supported by the Gardai (Ireland's police force), raided Irish Cement's offices as part of a probe into alleged abuse of its dominant position in the Euro50m bagged cement industry. CRH has denied the charges.

CRH has lodged court proceedings seeking a declaration that certain sections of the files seized by the CCPC were not related to the Irish Cement investigation. A spokesman for CRH said that it was seeking to have documents that were of no use to the CCPC returned to the company. "Irish Cement fully facilitated the inspection and is continuing to co-operate fully with the CCPC. In undertaking this inspection, the CCPC removed documents that are unrelated to Irish Cement and clearly outside the scope of its inspection. CRH and Irish Cement have issued proceedings to retrieve these documents from the CCPC," said a company spokesperson.

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.

CRH's ambitions took a setback this week when the Irish Competition and Consumer Protection Commission (CCPC) raided the offices of its subsidiary Irish Cement as part of an investigation into the bagged-cement industry in Ireland. Details are vague but the media reports state that the inquiry is examining whether or not the Irish market leader has abused its dominant position in the market, valued at Euro50m/yr.

Undoubtedly CRH and Irish Cement hold a leading place in the local cement industry. Irish Cement runs two integrated cement plants in the Republic with a combined production capacity of 2.7Mt/yr. This constitutes 79% of the country's 3.4t/yr total capacity.

Previous acquisition activity such as CRH's purchase of Dudman Group's UK import terminals in July 2013 has led to concerns regarding market competition. At that time Irish cement importer Eircem complained to the UK Competition Commission (CC), claiming that 'there is no free competition' in the market and also to initiate proceedings against CRH for damages relating to alleged anti-competitive behaviour in that market.

Roll the clock forward nearly two years and CRH is making the headlines once more for a much larger acquisition portfolio: the purchase of the largest chunk of assets sold from the merger of Lafarge and Hocim. With regards to Ireland and the UK, CRH will take on three (Dunbar, Tunstead and Aberthaw) of Lafarge Tarmac's five cement plants. Lafarge Tarmac's other two plants (Cookstown and Cauldon) will become part of the Aggregate Industries division of Lafarge Holcim. And once again, following acquisition activity competition, questions are looming as the CCPC raid suggests. This time though the potential impact of any market abuse, if it is actually happening, is far larger given the influx of UK and European assets that CRH are taking on.

We don't know what the CCPC will find but we can look at how CRH was viewed in the UK CC report on 'Aggregates, cement and ready-mix concrete market investigation' published in January 2014. At that time the CC concluded that, "We have seen nothing to suggest... that the recent acquisitions by CRH will result in importers collectively or individually offering a significantly greater constraint on cement producers than in the past." Amusingly though CRH also told the CC that it had no major expansion plants for the UK.

We also know how one of CRH's competitors felt about them. One of the more telling quotations from the CC report was from a Commercial Manager, at Lafarge Cement Ireland who viewed expansion in Ireland by Lafarge as a 'mechanism' to control CRH's ambitions by attacking it in its home market by showing CRH that Lafarge was a global player. Ironically the comments of that anonymous manager look very different now that CRH is on track to becoming a global player itself.

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.

Zambia: The Competition and Consumer Protection Commission (CCPC) of Zambia has started a study to investigate cement price rises in South Africa, Botswana, Tanzania and Zambia. The four sub-Saharan countries were chosen by the CCPC as a case study because they had similar companies producing and selling cement locally according to CCPC public relations officer Hanford Chaaba.

"We have been monitoring this situation concerning price changes for quite some time now and a study has been focused on these countries because the same producers of cement in Zambia have established factories in South Africa, Tanzania and Botswana," said Chaaba. He added that a similar study is also being conducted for the sugar and poultry industries.