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NEWSLETTER 2011

174

Commission Opens Antitrust Proceedings against European

Cement Manufacturers

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Att. Dr. Meltem Küçükayhan Aşcıoğlu

The European Commission has launched an antitrust investigation

concerning cement producers of Member States in relation to their

suspected anticompetitive practices in Austria, Belgium, the Czech

Republic, France, Germany, Italy, Luxembourg, the Netherlands, Spain,

and the UK.

Facts

The Commission has opened an investigation into a number of

cement companies active in the EU. The companies are suspected of

illegal price fixing, market participation and restriction of importation

and exportation. The Commission did not identify any company by name

during the investigation.

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Preliminary Assessment and Investigation

The Commission has directed a preliminary assessment to several

cement producers regarding their suspected market practices and arrived

at the conclusion that such practices will be pursued in an investigation.

The Commission’s inspections have also been carried out at the premises

of companies in several Member States such as Germany, France,

UK, Belgium, the Netherlands, Italy, Luxembourg, and Spain.

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The

Commission officials, accompanied by their national counterparts from

relevant National Competition Authorities, carried out unannounced

inspections at the premises of companies active in the cement and related

products market in several Member States on November 4-5, 2008.

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Article of January 2011

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Cemex had already been named as one of the companies concerned. The French group Lafarge

and the Swiss cement company Holcim were also confirmed to be part of investigation.

HeidelbergCement and Dyckerhoff were also confirmed to be among the suspects.

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The fact that the European Commission carries out such inspections does not mean that the

companies are guilty of anti-competitive behavior nor does it prejudge the outcome of the

investigation itself.