Tag: APCMA

  • CCP conducts search of APCMA chairman, vice offices; impounds record

    CCP conducts search of APCMA chairman, vice offices; impounds record

    ISLAMABAD: Competition Commission of Pakistan (CCP) has conducted a raid on the office of All Pakistan Cement Manufacturers Association (APCMA) and impounded relevant records. The raid was conducted on possible anti-competitive activities, a statement said on Thursday.

    The CCP said that exercising its powers under Section 34 of the Competition Act 2010, as part of an enquiry launched in May 2020 to investigate the possible anti-competitive activities by the cement manufacturers, carried out a search and inspection of the offices of Chairman and Vice Chairman of APCMA located in Karachi on Thursday.

    Two different teams entered and searched the offices of the Chairman and Vice Chairman of APCMA located in Karachi and impounded the relevant record.

    The enquiry in cement sector was started based on the information gathered through various media reports, and concerns and complaints expressed regarding a concurrent increase in cement prices, particularly during the month of April 2020.

    The reports indicated that an increase ranging between Rs. 45 – Rs55 per cement bag was apparently collectively decided in a meeting of the cement manufacturers held under the umbrella of APCMA.

    On September 24, 2020, the CCP had conducted search and inspection of the APCMA main office and the office of Senior Vice Chairman of the APCMA’s Executive Committee; a senior employee of a major cement company in Lahore.

    Moreover, the impounded record, including Whatsapp messages and emails, warranted conducting search and inspection in the South Zone as well for obtaining evidence relating to anticompetitive practices.

    The evidence suggests possibility of a cartel/collusive arrangement between the cement manufacturers.

    It is pertinent to mention that various factors among others lower demand of cement in the first two quarters of 2020, and almost parallel increase in cement prices and data collected from Pakistan Bureau Statistics and the cement companies, became the basis of CCP’s enquiry and the earlier search.

    Sudden rise in price by the cement manufacturers at a time when there is low demand compared to the installed capacity of the manufactures and considering that input fuel cost (coal and oil), transportation and interest rate have declined raises suspicion of a collective rise in price by cement companies.

    It is pertinent to mention here that the cement sector has a history of collusive activities and they have been penalized in the past to an amount of collectively more than Rs. 6.3 billion on account of forming a cartel and involvement in the prohibited agreements in violation of Section 04 of the Act.

    In 2012 the Commission again initiated enquiry against cement companies, however the same could not be proceeded and concluded due to stay order granted to cement companies by the Lahore High Court. The current enquiry was initiated in 2020.

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  • CCP raids cement manufacturers association for possible cartelization

    CCP raids cement manufacturers association for possible cartelization

    ISLAMABAD: The Competition Commission of Pakistan (CCP) on Thursday raided the central office of All Pakistan Cement Manufacturers Association (APCMA) and seized suspicious record.

    In a statement the CCP said that as part of an enquiry launched in May 2020 to investigate the possible anti-competitive activities by the cement manufacturers, carried out a search and inspection of the APCMA in Lahore on Thursday.

    It said that two different teams entered and searched the APCMA main office and a member of APCMA. “Since a senior employee of one of major cement company is also the office bearer of the APCMA’s Executive Committee, representing the north region, therefore, the commission also conducted search and inspection of the premises of member concern with the objective to gather evidence of any collusive arrangement for the purposes of the Act,” it added.

    The CCP said that the enquiry was started based on the information gathered through various media reports, and concerns and complaints expressed regarding a concurrent increase in cement prices, particularly during the month of April 2020.

    The reports indicating that an increase of Rs45 – Rs55 per cement bag was apparently decided in a meeting of the cement manufacturers held under the umbrella of APCMA. Some of the media reports also quoted cement dealers saying that the leading cement companies in the north region had collectively decided to increase the cement prices by Rs55 per bag.

    From the analysis done by the CCP’s enquiry officers to see the cement companies’ profitability trend, it transpired that due to the lower demand of cement in the first quarter of 2020, the companies had to undergo financial losses at variance, however, the increase in price was starkly parallel, raising concerns of collective decision making and price fixing by the cement manufacturers.

    “Some of the players of the construction industry also hinted upon the cement cartel in the North Region becoming active following price increase trend in northern region.”

    The official data available with the CCP indicated the cement price increase of 4 percent in Islamabad, 10 percent in Lahore, and 6 percent in Peshawar from the second week of April 2020.

    From analysis of the information obtained from the news reports, price trends and facts gathered pertaining the same, it appears that objective basis, if any, needed to be assessed and / or the correlation between increase in the price of cement and grounds presented by the representatives of cement industry.

    Sudden rise in price by the cement manufacturers at the time when there is low demand compared to the installed capacity of the manufacturers at a time when there is low demand compared to the installed capacity of manufacturers and considering the input fuel cost (coal and oil), transportation and interest rate have declined raises suspicion of a collective rise in price by cement companies.

    It may be noted that the production capacity of cement sector has increased from 44 million tons in 2014 to 69 million tons in 2020. The losses incurred by the cement sector and increase in the price of cement in a similar time period raises suspicion of collective decision of the cement companies to recover losses incurred due unutilized installed capacities.

    The CCP said that the cement sector has history of collusive activities and they have been penalized in the past to an amount of collectively more than Rs6.3 billion on account of involvement in the prohibited agreement in violation of Section 04 of the Act.

    In 2012 the commission again initiated enquiry against cement companies, however, the same could not be proceeded further due to stay order granted to cement companies by the Lahore High Court.

    The CCP said that the latest search had been carried out to gather the evidence of possible communication, arrangement, agreement, or understanding between the cement producers pertaining to the violation of the provisions of the Competition Act, 2010.