EU Issues Objections in Suspected Construction Chemicals Cartel Case
The European Commission has sent three Statements of Objections to construction chemical manufacturers and trade associations in France, Germany and Spain, outlining its preliminary view that the parties may have violated EU antitrust rules.
The investigation concerns chemical additives used to improve cement manufacturing and performance, as well as admixtures added to enhance the performance, durability and workability of concrete and mortar.
According to the Commission, manufacturers may have coordinated future price increases during 2021 and 2022 in response to rising raw-material costs associated particularly with the COVID-19 pandemic and Russia’s war against Ukraine. The suspected coordination allegedly occurred while national trade associations prepared press releases intended to justify the increases.
The Commission identified three separate suspected infringements:
- France: Cemex, Chryso, Mapei, Master Builders Solutions, MC Bauchemie, Sika, TAM and trade association SYNAD
- Germany: Cemex, Ha-be, Mapei, Master Builders Solutions, MC Bauchemie, Liesen, Remei, Sika and trade association Deutsche Bauchemie
- Spain: Chryso, Mapei, Master Builders Solutions, MC Bauchemie, Sika and trade association ANFAH
A Statement of Objections is a formal investigative step and does not prejudge the outcome. The recipients may examine the Commission’s evidence, respond in writing and request an oral hearing.
If the Commission ultimately determines that an infringement occurred, it may prohibit the conduct, require proportionate remedies and impose fines of up to 10% of a company’s annual worldwide turnover. The Commission has no legal deadline for completing the investigation.
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