Business news from Ukraine

Business news from Ukraine

Agrolife GmbH has received permission from Antimonopoly Committee of Ukraine (AMCU) to acquire Amber Agro LLC

The Antimonopoly Committee of Ukraine (AMCU) has authorized Agrolife GmbH (Hamburg, Germany) to acquire a stake of more than 50 percent in AMBER AGRO LLC (Mykolaiv).

According to the committee’s website, the AMCU made the relevant decision at a meeting on Thursday.

According to the data of Opendatabot service, Amber Agro LLC was established in 2008 in Nikolaev. It specializes in the cultivation of grains and legumes, oilseeds, as well as the production of ready-made animal feed.

The company’s revenue in 2023 amounted to UAH 19.33 mln, net loss – UAH 9.79 mln, debt obligations – UAH 49.52 mln. Assets are estimated at UAH 16.68 mln. The company employs 19 employees. The authorized capital is UAH 3.02 million. The ultimate beneficiary through the Cyprus-based Inkomela Limited is Boris Skiba. Earlier he was listed among the beneficiaries of Agrolife GmbH.

Agrolife GmbH, according to information on its website, is a supplier of oilseeds, grains and feed additives for livestock on the markets of Germany, the EU and Ukraine. Agrolife GmbH together with Danish Fermentationexperts AS are the founders of European Protein Ukraine LLC (Kiev region).

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AMCU fines water producer Buvette for UAH 17.7 mln for false information

The Antimonopoly Committee of Ukraine (AMCU) has fined Smaragd LTD UAH 17,704,710 for violating the legislation on protection against unfair competition, in particular for disseminating false information on the labels of Buvette 3 (Vital) mineral natural table water, the regulator’s press service reports.

According to the AMCU’s decision, Smaragd Ltd. was found guilty of violating Art. 15-1 of the Law “On Protection Against Unfair Competition”, as it disseminated false information misleading consumers about the properties of Buvette 3 (Vital) still and low-carbon mineral table water, which was placed on 0.5 l, 0.75 l, 1.5 l, 1.7 l bottles.

According to the Opendatabot service, Smaragd LTD was registered in 2004 in Kremenchuk, Poltava region, and in 2021 the company changed its legal address and moved to Dnipro, Dnipro region. The company specializes in the production of bottled soft drinks and mineral waters. It owns the Buvette trademark.

In 2023, the company’s revenue amounted to UAH 769.77 million, net profit – UAH 6.33 million, and debt obligations – UAH 752.13 million. The plant’s assets are estimated at UAH 944.63 million. The company employs 252 people. The authorized capital is UAH 65 million.

The beneficiaries of the company are Yevhen Sharinov and Yevhen Dveris through the Cyprus-based Eliay Investments Limited.

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AMCU investigates rise in egg prices in October 2024

The Antimonopoly Committee of Ukraine (AMCU) has launched an investigation into the reasons for the increase in prices for chicken eggs in October 2024, the agency’s press service reports.

According to the regulator’s website, the AMCU has already sent requests for information directly to chicken egg producers, their sellers, and feed producers, whose cost is one of the main components of the cost of chicken eggs.

The regulator reminded that this is not the first time it has responded to the situation with rising egg prices. Thus, in October 2022, a study was launched to investigate the reasons for the increase in prices for chicken eggs in domestic retail chains. The study collected and analyzed information from market participants at each of the stages of the product’s circulation from the producer to the end consumer.

The AMCU also noted that it has expanded the scope of the study on this group of goods, which was launched in September-October 2022, and extended it until October 2024.

“After receiving responses from market participants and further analysis of all factors influencing the pricing behavior of business entities at each of the links in the commodity circulation, final conclusions will be formed on the presence or absence of signs of violation of the legislation on the protection of economic competition in the actions of the participants in the commodity market involved,” the AMCU summarized.

As reported, in October, Ukraine set record high prices for chicken eggs, which exceeded the threshold of 60 UAH per dozen. The Union of Poultry Breeders of Ukraine explained this by the delayed reaction of poultry farmers who worked at a loss in the summer of 2024, while the cost of feed and electricity has risen significantly and the industry cannot work at a loss anymore.

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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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