Business news from Ukraine

Business news from Ukraine

AMCU fined Kernel and Continental for acquiring assets without authorization

The Antimonopoly Committee of Ukraine (AMCU) has fined a number of companies, including enterprises belonging to the Kernel and Continental Farmers Group agricultural holdings, for purchasing assets without obtaining the appropriate permit from the agency, the agency’s press service reports.
According to the report, Poltava-Zerno LLC, a part of Kernel, was fined UAH 170 thousand for violating the legislation on protection of economic competition under clause 12 of Article 50 of the Law “On Protection of Economic Competition” by acquiring assets consisting of movable and immovable property and forming a single property complex without obtaining the necessary permit from the AMCU.
For the same reason, a fine of UAH 3.3 million was imposed on Mriya Farming Karpaty LLC, which is founded by Continental Farmers Group.
In addition, JSC ProCredit Bank was fined UAH 3 million for acquiring assets in the form of a single property complex – movable and immovable property that can support activities in the field of agriculture, which were owned by IDEK-2006 LLC without obtaining the appropriate permit from the AMCU.

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Antimonopoly Committee of Ukraine allowed CRH to buy Dickergoff Cement Ukraine

The Antimonopoly Committee of Ukraine (AMCU) has authorized CRH Ukraine B. V. (Rotterdam, the Netherlands) to acquire shares of PrJSC “Dickergoff Cement Ukraine”, which will provide it with more than 50% of the votes in the supreme management body of the acquired asset, according to the AMCU website. The AMCU also authorized the implementation of measures that impede competition provided for in the sale and purchase agreement (subparagraph 16.1 of paragraph 16 of the share purchase agreement concluded between Dyckerhoff GMBH, CRH Ukraine B. V. and CRH Nederland B. V.”), which must be made within 24 months after the transaction is completed.

As reported, in July 2024, the AMCU announced the terms of the possible acquisition of Dyckerhoff Cement Ukraine assets by CRH Group, namely the transfer of 25-28% of the shares of the PrJSC to an independent investor with a veto right.

It is expected that this investor will be the European Bank for Reconstruction and Development (EBRD), as in December 2023 CRH signed a mandate letter with it on the joint acquisition of the assets of the Italian company Buzzi in Ukraine.

CRH Ukraine B.V. has announced its intention to acquire a 99.9775% stake in the authorized capital of PrJSC Dickergoff Cement Ukraine, which owns two cement plants in Rivne and Mykolaiv regions. The company posted the relevant notice in the information disclosure system of the National Securities and Stock Market Commission (NSSMC) on August 12, 2024.

In June 2023, Italian cement producer Buzzi, listed by the National Agency for the Prevention of Corruption as an international war sponsor, reached an agreement through its subsidiary Dyckerhoff GmbH to sell part of its Eastern European business to the Irish CRH group, including its Ukrainian assets in the form of two cement plants: “Volyn-Cement (Zdolbuniv, Rivne region) and Pivden-Cement (Olshanske, Mykolaiv region). As of the summer of 2023, the purchase price was estimated at EUR 100 million.

The AMCU has been considering CRH’s application for concentration since September 2023.

CRH has been operating in Ukraine since 1999. Since November 2021, its cement enterprises in Ukraine have been operating under the Cemark brand: Podilskyi Cement JSC (Khmelnytskyi region), Cement LLC (Odesa) and Mykolaivcement PrJSC (Lviv region).

CRH is the world’s leading manufacturer of building materials. The company employs about 71 thousand people at its 3,200 facilities in 28 countries. It is the largest manufacturer of building materials in North America and Europe. The company is also represented in Asia. CRH American depositary shares are listed on the New York Stock Exchange.

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AMCU approves conditions for CRH’s purchase of two Ukrainian cement plants

The Antimonopoly Committee of Ukraine (AMCU) has set the transfer of 25-28% of shares in PrJSC Dickergoff Cement Ukraine to an independent investor as a condition for CRH to buy two Buzzi cement plants, the committee’s website reports.

As reported, in June 2023, the Italian cement producer Buzzi, listed by the National Agency for the Prevention of Corruption as an international war sponsor, through its subsidiary Dyckerhoff GmbH, reached an agreement to sell part of its Eastern European business to the Irish CRH group, including Ukrainian assets in the form of two cement plants – Volyn Cement (Zdolbuniv, Rivne region) and Pivden Cement (Vilshanske, Mykolaiv region).

The AMC has been considering CRH’s application for concentration since September 2023.

According to the published terms, CRH must, within nine months from the date of the announced concentration, sell or otherwise transfer shares (stakes) in the amount of 25% to 28% of the authorized capital to a third party not related to CRH UKRAINE B.V. with veto rights (to ensure blocking of key management decisions of the supreme management body of the holding company). It is expected that the European Bank for Reconstruction and Development will become such an investor, as in December 2023 CRH signed a mandate letter with the EBRD on the joint acquisition of the assets of the Italian company Buzzi in Ukraine.

In addition, CRH will also be obliged to report regularly to the AMCU for five years, in particular, on production volumes and selling prices in the domestic market.

It is expected that CRH will invest in the acquired plants, expanding and modernizing their production facilities, preserving jobs and improving working conditions for employees.

As reported, in 2023, the total volume of cement produced in Ukraine increased by 37% year-on-year to 7.4 million tons. In January-March 2024, the companies that are members of the Ukrcement association increased their cement production by 46.3% compared to the same period in 2023, up to 1 million 477.9 thousand tons of cement.

According to the Ukrcement Association, Ukraine’s cement production potential is currently 13.6 million tons of cement, while current financial and human resources suggest consumption of 12.5 million tons. He believes that despite the ability of Ukrainian enterprises to fully cover the market’s needs, it makes sense to plan to expand production.

According to Valeriy Korbut, director of Khmelnitskzalizobeton, one of Ukraine’s largest reinforced concrete plants, investments and modernization of enterprises always increase competition in the market. This, in turn, makes the product better and more affordable. That is why it is important to attract investments in the cement industry today to be ready for recovery.

Viktor Hushel, Commercial Director of Budindustriya-1, a concrete producer, states that, with a focus on recovery projects, it is necessary to invest in cement production right now.

CRH has been operating in Ukraine since 1999. Since November 2021, its cement enterprises in Ukraine have been operating under the Cemark brand: Podilskyi Cement JSC (Khmelnytskyi region), Cement LLC (Odesa), and Mykolaivcement PrJSC (Lviv region).

CRH’s separate business in Ukraine is the production of concrete and reinforced concrete products. PoliBeton Energo’s Bila Tserkva concrete goods plant is a specialized enterprise that produces power transmission towers. PoliBeton’s concrete hub in the north of Odesa was included in the CRH 2020.

Since 1999, the company has invested about $500 million in Ukraine. In particular, since the beginning of the full-scale invasion, CRH has invested $80 million, including $34 million in the construction of a cement terminal in Kyiv region.

CRH is the world’s leading manufacturer of building materials. The company employs about 71,000 people at its 3,200 facilities in 28 countries. It is the largest building materials producer in North America and Europe. The company is also represented in Asia. CRH American depositary shares are listed on the New York Stock Exchange.

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AMCU grants Kovalska permission to acquire building of Kyiv distillery

The Antimonopoly Committee of Ukraine has granted Kovalska Real Estate LLC permission to acquire a stake in the authorized capital of Kudryavsky Administrative and Warehouse Complex LLC, the agency’s website reports.
The Ministry made the decision on Thursday.
According to the report, Kovalska Real Estate LLC received permission to acquire a stake in ASC Kudryavsky, which ensures that the company’s supreme management body exceeds 50% of the votes.
According to Opendatabot, the owners of Kudryavsky JSIC are Atlas Mutual Fund (50%) and AMC Ukrainian Investment Society (50%), with Bohdan Serotiuk and Yuriy Sokolnytsky listed as the ultimate beneficiaries.
Kovalska Real Estate LLC is part of the Kovalska group and is engaged in residential construction. Its portfolio includes more than 20 completed residential projects.
As reported, in 2021, Kovalska Group announced its intention to revitalize the territory of the Kyiv Distillery in the Shevchenkivskyi district of Kyiv at 16A Kudriavska Street. The plant covers an area of about 2 hectares. Its buildings built in 1896 are recognized as an architectural monument of local significance, and the facade is under protection.
Kovalska Industrial and Construction Group has been operating in the Ukrainian construction market since 1956. It unites more than 20 enterprises in the field of raw materials extraction, production and construction. Its products are represented by the brands Concrete by Kovalska, Avenue, and Siltek. Kovalska’s enterprises operate in Kyiv, Zhytomyr, Lviv, and Chernihiv regions. The aerated concrete plant in Kherson region has not been operating since the beginning of the occupation.

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AMCU fined Tairovo Wines almost UAH 1 mln for using Prosecco trademark

The Antimonopoly Committee of Ukraine (AMCU) has fined Tairove Vineri LLC for the unlawful use of the Prosecco designation, which was previously used by members of the Consortium for the Protection of the Name of a Controlled Enterprise Consortium for the Protection of the Name of a Controlled Enterprise (Italy).

“The Committee initiated the case at the request of the Consortium for the Protection of the Name of the Controlled Enterprise Prosecco, whose members export wine products under this designation to the territory of Ukraine,” the agency said in a statement.

According to the report, Tairovo Winery LLC began using the Prosecco designation in labeling its own wine products later than the Consortium members and without obtaining their consent.

According to the AMCU, such actions could lead to confusion of Tairovo Vaineri LLC’s activities with those of the Italian consortium members and provide unfair competitive advantages by using the business reputation of such members. This is evidenced by the results of a consumer survey conducted by the AMCU.

The Committee considered the actions of Tairo Vaineri LLC as a violation of Article 4 of the Law “On Protection against Unfair Competition” and fined it UAH 946,909.

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Antimonopoly Committee of Ukraine has fined Zdorovye Pharmaceutical Company LLC (Kharkiv)

The Antimonopoly Committee of Ukraine (AMCU) has fined Zdorovye Pharmaceutical Company (Kharkiv) for unlawful use of the packaging design of the drug Panthenol Plus, which is similar to the packaging design of the drug Bepanten Plus used by Bayer LLC.

According to the AMCU, the pharmaceutical company “Zdorovye” was fined UAH 719.348 thousand.

According to Bayer, the design of the package of the drug Panthenol Plus is similar to the design of the package of Bepanten Plus to the extent of mixing, and Bayer did not grant permission to use a similar design of the package of Bepanten Plus.

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