Cementos Argos - September 2019

The US Court of Appeals has ruled in favour of Cementos Argos on a pricing dispute involving two ready-mixed concrete (RMC) producers on St Thomas in the US Virgin Islands.

Spartan Concrete Products accused Argos of unlawfully selling cement at a 10 per cent discount to Heavy Materials, a competitor to Spartan. Following a three-year price war between Spartan and Heavy Materials, Spartan withdrew its RMC business from St Thomas. The court found that Argos did not unlawfully sell cement at a lower price to a competing buyer as Spartan could present no evidence that the discount given by Argos resulted in Spartan’s inability to compete in the St Thomas market.