Cement cartel

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The term cement cartel stands for prohibited price and territory agreements between cement manufacturers . Since the standardization of cement ensures the same quality for all manufacturers, the industry is considered prone to cartel formation.

1990s

A cartel was uncovered by the Federal Cartel Office in the early 2000s and thus ended. According to the Cartel Office, anti-competitive territorial and quota agreements have been in place since the 1970s and they continued until 2002. The office closed the proceedings against the companies involved in 2004 and imposed fines amounting to 661 million euros. That was the highest sum ever imposed by the office. In addition to the six largest cement manufacturers in Germany, medium-sized companies were also affected. The sentences imposed were reduced by the Düsseldorf Higher Regional Court in June 2009 and largely confirmed by the Federal Court of Justice in February 2013 .

The largest members of the cement cartel were: HeidelbergCement (251.5 million fine, reduced 169.9), Schwenk Zement (142 million, reduced 70), Dyckerhoff (95 million, reduced 50), Lafarge (86 million, reduced 24 ), Alsen AG (74 million, reduced 14.6) and Readymix (12 million, now part of Cemex ). With the exception of the Readymix company, all companies filed an appeal against the fine with the Düsseldorf Higher Regional Court . With the extensive confirmation of the Federal Cartel Office's allegations, the Düsseldorf Higher Regional Court concluded the proceedings in June 2009. However, it reduced the fines to a total of 330 million euros.

Since 2008

The Belgian joint stock company Cartel Damage Claims represents the interests of 28 customers who were harmed by the price fixing before the Düsseldorf Regional Court . The admissibility of this civil damage claim against the cement cartel companies was confirmed by the Federal Court of Justice in 2009. The proceedings finally ended on February 18, 2015 with the OLG Düsseldorf dismissing the action.

A declaratory action on liability for damages, filed in 2015 at the Mannheim Regional Court , was successful before the BGH.

In November 2009 the offices of several cement manufacturers in the European Union were searched, and in 2010 the EU Commission began formal antitrust proceedings. The suspicion related to restrictions in import and export as well as price fixing and market sharing. The proceedings were discontinued in 2015.

See also

Web links

Footnotes

  1. ↑ a b n-tv.de, suspicion of price fixing: cement companies in the EU tongs , December 10, 2010
  2. ↑ a b Cartel Office imposes a fine of 660 million euros on the cement cartel. In: FAZ.net . April 14, 2003, accessed December 14, 2014 .
  3. ↑ ECLI : ECLI: DE: OLGD: 2009: 0626.VI2A.KART2.6.08OW.00
  4. ↑ BGH, decision of February 26, 2013 (KRB 20/12), BGHSt 58, 158 (Grauzementkartell I)
  5. ↑ Düsseldorf Higher Regional Court, file number VI-2 Kart 1-9 / 07. The process is expected in 2008 is not completed.
  6. ↑ Ulrich Thole: “Cement cartel” fine proceedings before the Düsseldorf Higher Regional Court ended. Press release No. 19/09. (No longer available online.) Düsseldorf Higher Regional Court, June 29, 2009, formerly in the original ; accessed on January 14, 2014 .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.inarchive.com  
  7. ↑ Antitrust fine in the millions - cement companies have to pay At: n-tv.de of June 29, 2009
  8. ↑ Federal Court of Justice: Press release on the procedure KZR 42/08 - million dollar lawsuit against members of the cement cartel is permissible
  9. ↑ ECLI : ECLI: DE: OLGD: 2015: 0218.VI.U.KART3.14.00
  10. ↑ JUVE: After ten years: CDC gives up fight against cement cartel
  11. ↑ ECLI : ECLI: DE: BGH: 2018: 120618UKZR56.16.0 (Grauzementkartell II), to suspend the limitation period ( Section 33h (6 ) GWB ) and similar . a. citing RGZ 24, 266
  12. ↑ Wirtschaftsblatt.at, EU cartel watchdogs continue to crack down - now in the cement industry , December 12, 2010 ( Memento from December 15, 2010 in the Internet Archive )
  13. ↑ COMP / 39520 ; See also the ECJ rulings ECLI: EU: C: 2016: 149 and ECLI: EU: C: 2016: 150 on the Commission's request for information
The following important information is missing from this article or section:
Territorial cartel for cement production in Switzerland
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