The European Commission recently announced that it sent Statements of Objections to several manufacturers of construction chemicals and three national trade associations over concerns that they colluded to raise prices for chemicals used in cement, concrete, and mortar, in violation of Article 101 of the Treaty on the Functioning of the European Union (TFEU). The Commission’s concern centers on chemical additives for cement and chemical admixtures for concrete and mortar, that improve manufacturing efficiency, performance, and durability and directly affect construction costs. According to the Commission’s preliminary findings, between 2021 and 2022, manufacturers coordinated future price increases in response to rising costs for raw materials caused by the COVID-19 pandemic and Russia’s war of aggression against Ukraine. The Commission also suspects that the companies coordinated with national trade associations that prepared press releases intended to justify the rising prices.
The Commission identified three separate suspected infringements in France, Germany, and Spain which resulted in Statements of Objections being sent to several building materials companies including Cemex, Chryso, Mapei, as well as the French trade association SYNAD, the German trade association Deutsche Bauchemie, and the Spanish trade association ANFAH. According to the Commission, the case stems from unannounced inspections carried out on October 17, 2023, on the premises of construction chemical companies across several member states.
The companies now have an opportunity to respond to the Commission and can choose to examine the investigation file, reply in writing, and request an oral hearing before the Commission and national competition authorities.