Court cuts German cement cartel fines

The Higher Court in Düsseldorf has cut the fines imposed on five cement producers found guilty of operating a cartel from € 649 million to € 330 million.

The original fines, announced by the German Cartel Office in 2003, were based on assumptions about the profits made by the cartel. However the court said these were unsafe and could not be upheld.

The biggest fine is still being imposed on Heidelberg Cement, although this has been cut to € 170 million from the original € 252 million.

Despite the reduction, Heidelberg Cement remained defiant over the case. A statement from the company said, "Heidelberg Cement contests the basic findings of the facts as well as any incremental earnings.... The company already filed an appeal during the trial. Until the final legal decision of the Federal Supreme Court, which cannot be expected before 2010, there are no obligations to pay the fine or to provide for collaterals."

Holcim, which saw its fine reduced from € 74 million to € 14,6 million, was also said to be considering further legal action.

Of the other companies involved in the cartel, Lafarge saw its fine cut from € 86 million to € 24 million, Dyckerhoff's was reduced from € 95 million to € 50 million and Schwenk's was down to € 70 million.