Ukraine: A court has overturned the Antimonopoly Committee of Ukraine (AMCU)’s September 2024 decision to allow CRH Ukraine to acquire Buzzi subsidiary Dyckerhoff Cement Ukraine. Interfax-Ukraine News has reported that the court found that the AMCU made its decision based on insufficient ‘clarification and evidence’ of details on the situation in the Ukrainian ready-to-use mortar mixes market and on the deal itself. The Netherlands-based subsidiary of Ireland-based CRH allegedly failed to appoint executive, directorial or supervisory personnel to Dyckerhoff Cement Ukraine who did not already hold positions in CRH Ukraine-controlled entities in the required manner. The court ruled that CRH had breached certain commitments upon which AMCU’s approval was conditional.
Building materials and property development company Kovalska Group mounted the successful legal challenge. The Kyiv Post newspaper has reported that it controls over 50% of the concrete market in Kyiv Oblast.
Dyckerhoff Cement Ukraine’s assets comprise two integrated cement plants, cement terminals and ready-mix concrete plants in Kyiv, Odessa and Mykolaiv. They entered Italy-based Buzzi’s control following the group’s progressive acquisition of Germany-based Dyckerhoff in 2001 – 2013. CRH and the European Bank for Reconstruction and Development agreed to launch a joint acquisition of the business in December 2023. The value of the deal was reportedly €100m.
CRH Ukraine says that it will appeal the decision.