Insulation industry news from Global Insulation

Ireland: Kingspan has contested the European Commission (EC)'s preliminary findings from its investigation of the company’s abandoned attempt to acquire Slovenia-based Trimo in 2021. The Commission preliminarily found that Kingspan negligently or intentionally provided incorrect, incomplete and misleading information during the merger review. The relevant information reportedly pertained to Kingspan’s internal organisation, market scope, barriers to entry and expansion and competition closeness with Trimo. The Irish Independent newspaper has reported that applicable fines may be up to 1% of Kingspan’s annual global turnover.

Kingspan disputed the preliminary findings and will now formulate a response. In a statement, the company said “Kingspan has fully co-operated with the commission throughout the period relating to the Trimo process, which commenced in September 2020, continued until Kingspan withdrew from the process in April 2022, and was followed by the EC's investigation, which opened in November 2022. This Trimo application was unusual and uniquely onerous given both the level of information sought and the fact that the process occurred during the Covid-19 outbreak. It is in no way representative of the long and productive relationship Kingspan has with the EC. Since the Trimo process began in 2020, Kingspan has secured four successful clearances, supporting investments by Kingspan in energy-efficient and low-carbon buildings that are essential to the EC's green transition."

Finland: The highest court in Finland has confirmed the finding of a serious infringement of antitrust laws by expanded polystyrene (EPS) insulation materials producers at appeal. Mondaq Business Briefing News has reported that two materials producers must now pay a fine of Euro3.2m. A third producer, which provided information to the Finnish Competition and Consumer Authority, received immunity for its involvement. The trio colluded on product pricing between November 2012 and mid-2014.

US: The Occupational Safety and Health Administration (OSHA) had imposed a penalty of US$1.2m on Cicero-based AMD Industries, because it failed to protect its workers effectively from loose asbestos fibres during a 2010 abatement process.

The Assistant Secretary of Labour for Occupational Safety and Health Dr David Michaels notified that the asbestos exposure to humans can be deadly and blamed AMD for negligence. The company was aware of its lethal effects but had failed to offer the most basic safety precautions. Further, he accused the company of not providing efficient respirators or even any warnings to the workers about the health disorders that could be encountered. The material removed at the site was particularly hazardous because the material removed was up to 50% asbestos.