CRH considering appeal over anti-competition findings

FOLLOWING a three-and-a-half year investigation into the Polish cement industry, the Polish Office for Competition and Consumer Protection (OCCP) has concluded that seven companies were involved in anti-competitive practices.

As a result, the OCCP has levied fines on Grupa Ożarów S.A., Lafarge Cement S.A., Górażdże Cement S.A., Cemex Polska S.A., Dyckerhoff Polska Sp. z o.o., Cementownia Warta S.A. and Cementownia Odra S.A.

In the case of Grupa Ożarów S.A., the fine amounts to approximately €25.6 million.

Dublin-based CRH, parent company of Grupa Ożarów, have described the conclusions of the OCCP as a matter of ‘serious concern’, as their Code of Business Conduct sets clear standards for the conduct of operations in the various territories in which the Group operates and expressly prohibits any anti-competitive behaviour.

The company said it understood that Grupa Ożarów conducted an independent commercial policy in the Polish cement industry, and that this had been verified by analysis undertaken, at the request of CRH, by leading Polish economic experts.

Following a preliminary review of the OCCP’s conclusions, CRH and Grupa Ożarów have been advised that there are significant grounds for appeal.

At the time of writing, CRH were understood to be considering whether to appeal against the conclusions of the OCCP. Any appeal to the Polish courts has to be lodged by 23 December 2009.