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Cement makers in anti-trust proceedings

THE European Commission has opened anti-trust proceedings against eight cement manufacturers for suspected breaches of European Union rules banning restrictive and anti-competitive business practices in the markets for cement and related products in a number of countries of the European Economic Area.

The proceedings stem from an investigation launched by the European Commission (EC) in November 2008.

The EC said its preliminary assessment had shown that the Commission should pursue this investigation as a matter of priority, but that the initiation of proceedings did not imply that it had conclusive proof of any infringements.

The EC intends to investigate, in particular, possible import/export restrictions, market sharing and price co-ordination in the cement markets in Austria, Belgium, the Czech Republic, France, Germany, Italy, Luxembourg, The Netherlands, Spain and the UK.

Although the Commission has not named the individual companies involved, three manufacturers – CEMEX, HeidelbergCement and Holcim – have confirmed that they are under investigation.

In a statement, CEMEX said they would co-operate with the investigation but maintained that they had always acted in accordance with the applicable laws and regulations, and that the company would defend itself vigorously in these proceedings.

Likewise, HeidelbergCement said the suspected infringements were not confirmed by their own investigations, nor those of external law firms, and that as such the company assumed it would be able to rebut the suspicions.

There is no deadline for the EC to complete its investigation, but if found guilty of anti-trust breaches, companies can be fined up to 10% of revenue.

 
 

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