Displaying items by tag: Legal

Italy: Legal firm Eversheds Sutherland has suspended a Euro1.8m fine imposed by the Italian Competition Authority on Calme. Fines were made to a number of Italian cement producers in August 2017, according to the Il Sole 24 Ore newspaper. They were in relation to allegations of price fixing and market share coordination between 2011 and 2016.

Pakistan: Mian Saqib Nisar, the Chief Justice of Pakistan, has said that the Supreme Court will prevent the construction of any new cement plants or upgrades to existing plants near Katas Raj Temples in Punjab. However, he said that no existing plants in the area would be shut down, according to the Business Recorder newspaper. The investigation by the court had been taken in response to media reports that the pond at the Hindu heritage site was drying out due to water consumption by nearby cement plants. The local government has also been taking steps to stop new cement plants being built in parts of the province.

Zambia: The High Court of Zambia has set 25 February 2018 as the date it will hand down a judgement on a case involving Zambezi Portland Cement (ZPC) between businessman Rajan Mahtani and the Vetriglia family. The case concerns a battle over the shares and management of the company between Mahtani and members of the Vetriglia family, according to the Times of Zambia. Mahtani originally attempted to close the company in 2015 but the original owners resisted the attempt. However, Mahtani maintains that he holds a majority share in the cement producer.

Pakistan: Shahbaz Sharif, the chief minister of Punjb, has approved summary legislation banning the installation of new cement plants in the province on environmental grounds. The summary will be passed to standing committees on legislation for deliberation and recommendations, according to the Nation newspaper. The region has 12 cement plants, of which eight are located in the Salt Range of hills, where local residents have become increasingly intolerant of new industrial plants due to damage to underground water tables and increased air pollution.

The summary will also examine expansion plans by existing cement plants in the province and it has hired a consultancy, Artelia, to study the situation. The Supreme Court of Pakistan also being looking at the issue separately. However, the local cement industry is in an expansion mode as it copes with resident and public sector construction markets and large-scale infrastructure projects driven by the China-Pakistan Economic Corridor initiative.

Colombia: Cemex Colombia has paid a US$25.3m fine to the Superintendent of Industry and Commerce (SIC). The penalty follows an investigation into price fixing by Cemex, Cementos Argos, and Holcim and six senior managers, according to the El Economista newspaper. However Cemex plans to lodge an appeal with the Contentious Administrative Court to reverse the fine.

The fine covers behaviour by the companies between January 2010 and December 2012. SIC’s investigation discovered that collusion between the cement producers artificially increased the price of cement by 30% despite inflation being 9% during the period.

Slovenia: LafargeHolcim has lost a legal battle for an environmental permit at its Trbovlje cement plant. The cement producer appealed against a decision by the Environment Agency to decline to issue its consent to the company in May 2016, according to the Slovenian Press Agency. The company has been attempting to increase its cement production capacity to 1250t/day by using petcoke as a fuel.

Nigeria: Devakumar Edwin, the executive director of Dangote Cement, has accused BUA Group of illegally mining limestone at a site near Okene in the south of Kogi state. He made the comments at a press conference in response to public comments by Abdulsamad Rabiu, the chief executive officer (CEO) of BUA Group, that Dangote Cement had ‘sabotaged’ its operations, according to the This Day newspaper. The dispute between Dangote Cement, the Ministry of Mines and Steel Development and BUA is currently pending before the Federal High Court.

According to Edwin, Dangote Group first acquired an interest in the mining lease in 2014 after a previous company obtained the rights in 2007. However, BUA claimed access to the lease when it later purchased Edo Cement, a company also operating in the area. BUA Group responded to Edwin’s claims by stating that it does not have any operations in Okene, Kogi State where the disputed lease is located.

India: The Supreme Court has lifted a ban on petcoke and furnace oil to the cement and power industries in Delhi, Haryana, Rajasthan and Uttar Pradesh. The court also directed the Ministry of Environment and Forest (MoEF) to set regulations for the sale of petcoke and fix emission standards for thermal power plants, according to the Indo-Asian News Service agency. Representatives of the cement industry have welcomed the ruling. The Central Pollution Control Board and the MEF issued the ban following a directive from the Supreme Court in late October 2017 prohibiting industries in the three neighbouring states of Delhi from using the polluting fuels.

France: Lawyers on behalf of the human rights group Sherpa have accused Lafarge of paying nearly Euro13m to armed groups including Islamic State between 2011 and 2015 in order to keep a cement plant operating during the Syrian civil war. They made the statement at a new conference about a preliminary inquiry into the affair, according to Reuters. The lawyers said that a large portion of the money went directly or indirectly to Islamic State and that the payments continued after Lafarge's Jalabiya cement plant was closed in September 2014. They used a figure taken from an internal report by Baker and McKenzie that was commissioned for LafargeHolcim.

Uzbekistan: The government has ruled that cement producers must sell cement only through exchange auctions from 1 January 2018. Cement not sold through first trades can then be re-exhibited within one month before it will be allowed to be sold for export under direct contract, according to the Trend News Agency. A ban on the resale of the products purchased on the exchange is cancelled.