Ukraine: A court has reportedly invalidated the Antimonopoly Committee of Ukraine (AMCU)’s competition clearance for CRH Ukraine's acquisition of Buzzi subsidiary Dyckerhoff Cement Ukraine, completed in October 2024. Interfax-Ukraine News has reported that the court found that the clearance, granted in September 2024, was based on insufficient ‘clarification and evidence’ of details on the Ukrainian ready-to-use mortar mixes market situation.
The court allegedly also ruled that the Netherlands-based subsidiary of Ireland-based CRH had yet to meet certain commitments upon which the AMCU’s approval was conditional. Following the acquisition of Dyckerhoff Cement Ukraine, it was required to appoint executive, directorial or supervisory personnel to the company who did not already hold positions in CRH Ukraine-controlled entities. CRH clarified that it in fact appointed Mariusz Tomasz Bogacz on 11 October 2024, after his powers as a member of the supervisory board of Podilsky Cement had already been terminated, on 8 October 2024.
Building materials and property development company Kovalska Group mounted the successful legal challenge. The Kyiv Post newspaper has reported that the Kyiv-based company 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 signed a mandate letter for the launch of a joint acquisition of the business in December 2023. The value of the deal was reportedly €100m.
The latest decision is currently under appeal by CRH.
This story was modified on 22 April 2025 to correct the inaccurate claim that the latest court ruling 'blocked' or ‘overturned' the completed acquisition and to add CRH's clarification regarding the effective appointment of Mariusz Tomasz Bogacz.
