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Everchem Updates

VOLUME XXI

September 14, 2023

Everchem’s Closers Only Club

Everchem’s exclusive Closers Only Club is reserved for only the highest caliber brass-baller salesmen in the chemical industry. Watch the hype video and be introduced to the top of the league: read more

Covestro Q1 earnings to suffer €60m hit from coronavirus – CFO

Author: Tom Brown

2020/02/19

Dusseldorf, GERMANY (ICIS)–The impact of production restrictions and logistics issues in China brought on by the coronavirus outbreak is likely to reduce Covestro’s first-quarter earnings by €60m, the CFO at the German polyurethanes (PU) and polycarbonates (PC) producer said on Wednesday.

According to Thomas Toepfer, “massive” restrictions on production facilities and the extension of the Lunar New Year holiday as a means of reducing contagion are likely to cut first-quarter earnings before interest, taxes, depreciation and amortisation (EBITDA), with the impact likely to continue to be felt through much of the year.

“Production facilities in China were restricted massively,” said Toepfer, speaking to reporters in Dusseldorf after the company released its fourth-quarter financial results earlier on Wednesday.

“In March, [production] can return to normal but not everywhere,” the CFO added.

Covestro is assessing its supply chains for any potential weak links from the outbreak, according to CEO Markus Steilemann, in a bid to reduce the likelihood of any larger failure in its product flows.

Production and logistics in China, which was Covestro’s largest growth market in 2019, were substantially disrupted by the outbreak and the Chinese government’s measures to contain it.

Some production and transportation continue to be difficult, according to Covestro’s chief technology officer (CTO) Klaus Schafer.

“Shanghai has over 24m inhabitants and, over Chinese New Year, 15m people leave the city,” Schafer said.

“A reduced number of them came back and these people were quarantined, they stayed at home for the next two weeks before they could go back to work, which meant that things such as truck drivers… [and] logistic workers, were not available for the last few weeks and [are] only available to a limited extent today,” he added.

However, Schafer said that production across China is starting to ramp up.

Covestro has not made any forecasts for the impact that the ongoing crisis could have on its financial performance in the second or third quarters of 2020, Steilemann added.

The company is projecting first-quarter EBITDA of €200m-280m, meaning that even the top of the range would only be commensurate with the fourth quarter of 2019, which Steilemann described as an extremely challenging market.

Despite a 50% year-on-year fall in group company EBITDA in 2019 to €1.6bn, China generated the highest volume growth for Covestro, with sales outstripping those from its home German market by nearly €1bn.

Sales volumes rose 8.2% year on year as strong electronics, construction, wood processing and furniture end market demand counterbalanced automotive sector woes.

https://www.icis.com/explore/resources/news/2020/02/19/10473013/covestro-q1-earnings-to-suffer-60m-hit-from-coronavirus-cfo

March 2, 2020

Chemical M&A Forecast

Deloitte Global Report Forecasts Robust M&A Activity for Chemical Industry in 2020

Press release
Published March 2nd, 2020 – 08:02 GMT
Despite the modest pull-back in M&A volumes over the past few years, the chemical industry continues to enjoy robust M&A activity.
Highlights
The Deloitte Global Chemical Industry Mergers and Acquisitions Outlook (2020 Outlook) expects robust merger and acquisition (M&A) activity to continue throughout the coming year

The Deloitte Global Chemical Industry Mergers and Acquisitions Outlook (2020 Outlook) expects robust merger and acquisition (M&A) activity to continue throughout the coming year, despite the trade and geopolitical tensions, and slowing economies that shape today’s global economic uncertainty.

“Over the past few years we watched attentively as the chemical industry maintained healthy M&A activity levels despite the many challenges,” says Bart Cornelissen, Energy & Resources Leader and Managing Partner of Monitor Deloitte in the Middle East.  “The focus has remained on growth and profitability through it all. It seems that the chemical industry has become more comfortable operating in the uncertainty which may now be considered the ‘new normal’. Given the drive by GCC oil and gas companies towards downstream, we expect to see inorganic growth as essential to deliver upon their strategies.”

One trend the 2020 Outlook sees shaping the M&A landscape is the continued integration of traditional oil and gas companies with petrochemical firms, as chemical production is becoming an increasingly important end-use. Another trend is increased sustainability concerns that are changing how chemical companies view their business models, leading to non-traditional alliances, partnerships, and joint ventures.

Private equity has experienced a resurgence since 2018 as an important component of acquisition transactions. Private equity groups are expected to play a renewed critical role in chemicals M&A by providing capital, acquiring assets, and building companies through consolidation.

“The global economy appears able to support continued M&A activity, and the fundamentals for M&A activity in the chemical industry in particular continue to be strong as well,” says Cornelissen. “Companies are searching for growth and a larger global footprint, along with efficiency in their operations and innovation in their solutions. There are many opportunities to create value through M&A.”

“The ongoing monetization of domestic assets in the Middle East will continue to support the diversification of portfolios to international markets, with the benefit of further securing long term product placement,” said Lawrence Hunt, Partner, M&A Consulting, Deloitte Middle East.

The following are snapshots of M&A activity by geography, as outlined in the 2020 Outlook:

  • The United States remains the most active market for M&A transactions. Foreign buyers remain very interested in US assets, and portfolio management will continue to be an important theme for US companies.
  • China is home to the world’s largest base chemicals capacity, and given the current adjustments in the Chinese economy there may be acquisition opportunities for foreign buyers, although not at a bargain.
  • In the United Kingdom, Brexit uncertainty undermines business confidence, and M&A activity has been relatively flat. Expect continued caution, even though debt is inexpensive and potential players have cash to deploy.
  • In Germany, growing concerns around a possible economic downturn could lead to a mild slowdown in M&A activity, especially as regulatory scrutiny has tightened significantly in Europe.
  • India has a strong long-term growth outlook and has made a variety of tax and regulatory reforms friendly to the chemical industry. The industry is also enjoying increased domestic consumption across all sub-sectors.
  • In the Netherlands, the economic climate remains strong, debt is inexpensive, and many companies have had strong earnings in recent years. However, disappointing earnings and uncertainty could challenge chemical M&A activity in the Netherlands.
  • In Japan, many leading chemical companies saw a downturn in 2019 for a variety of reasons. Nonetheless, companies have a need to accelerate portfolio transformation, and M&A ambitions are projected to remain high.

Brazil should see growth in M&A activity due to several economic factors, including chemical plant profitability and low interest rates. In addition, the Brazilian government’s privatization agenda may help drive deals.

https://www.albawaba.com/business/pr/deloitte-global-report-forecasts-robust-ma-activity-chemical-industry-2020-1342313

March 2, 2020

Chemical M&A Forecast

Deloitte Global Report Forecasts Robust M&A Activity for Chemical Industry in 2020

Press release
Published March 2nd, 2020 – 08:02 GMT
Despite the modest pull-back in M&A volumes over the past few years, the chemical industry continues to enjoy robust M&A activity.
Highlights
The Deloitte Global Chemical Industry Mergers and Acquisitions Outlook (2020 Outlook) expects robust merger and acquisition (M&A) activity to continue throughout the coming year

The Deloitte Global Chemical Industry Mergers and Acquisitions Outlook (2020 Outlook) expects robust merger and acquisition (M&A) activity to continue throughout the coming year, despite the trade and geopolitical tensions, and slowing economies that shape today’s global economic uncertainty.

“Over the past few years we watched attentively as the chemical industry maintained healthy M&A activity levels despite the many challenges,” says Bart Cornelissen, Energy & Resources Leader and Managing Partner of Monitor Deloitte in the Middle East.  “The focus has remained on growth and profitability through it all. It seems that the chemical industry has become more comfortable operating in the uncertainty which may now be considered the ‘new normal’. Given the drive by GCC oil and gas companies towards downstream, we expect to see inorganic growth as essential to deliver upon their strategies.”

One trend the 2020 Outlook sees shaping the M&A landscape is the continued integration of traditional oil and gas companies with petrochemical firms, as chemical production is becoming an increasingly important end-use. Another trend is increased sustainability concerns that are changing how chemical companies view their business models, leading to non-traditional alliances, partnerships, and joint ventures.

Private equity has experienced a resurgence since 2018 as an important component of acquisition transactions. Private equity groups are expected to play a renewed critical role in chemicals M&A by providing capital, acquiring assets, and building companies through consolidation.

“The global economy appears able to support continued M&A activity, and the fundamentals for M&A activity in the chemical industry in particular continue to be strong as well,” says Cornelissen. “Companies are searching for growth and a larger global footprint, along with efficiency in their operations and innovation in their solutions. There are many opportunities to create value through M&A.”

“The ongoing monetization of domestic assets in the Middle East will continue to support the diversification of portfolios to international markets, with the benefit of further securing long term product placement,” said Lawrence Hunt, Partner, M&A Consulting, Deloitte Middle East.

The following are snapshots of M&A activity by geography, as outlined in the 2020 Outlook:

  • The United States remains the most active market for M&A transactions. Foreign buyers remain very interested in US assets, and portfolio management will continue to be an important theme for US companies.
  • China is home to the world’s largest base chemicals capacity, and given the current adjustments in the Chinese economy there may be acquisition opportunities for foreign buyers, although not at a bargain.
  • In the United Kingdom, Brexit uncertainty undermines business confidence, and M&A activity has been relatively flat. Expect continued caution, even though debt is inexpensive and potential players have cash to deploy.
  • In Germany, growing concerns around a possible economic downturn could lead to a mild slowdown in M&A activity, especially as regulatory scrutiny has tightened significantly in Europe.
  • India has a strong long-term growth outlook and has made a variety of tax and regulatory reforms friendly to the chemical industry. The industry is also enjoying increased domestic consumption across all sub-sectors.
  • In the Netherlands, the economic climate remains strong, debt is inexpensive, and many companies have had strong earnings in recent years. However, disappointing earnings and uncertainty could challenge chemical M&A activity in the Netherlands.
  • In Japan, many leading chemical companies saw a downturn in 2019 for a variety of reasons. Nonetheless, companies have a need to accelerate portfolio transformation, and M&A ambitions are projected to remain high.

Brazil should see growth in M&A activity due to several economic factors, including chemical plant profitability and low interest rates. In addition, the Brazilian government’s privatization agenda may help drive deals.

https://www.albawaba.com/business/pr/deloitte-global-report-forecasts-robust-ma-activity-chemical-industry-2020-1342313

February 28, 2020

Puerto Rico Loses Suit

Puerto Rico Loses $50 Million Polyurethane Foam Price-Fix Suit

Feb. 28, 2020, 10:25 AM

Puerto Rico’s $50 million price fixing suit against polyurethane foam manufacturers was dismissed after the federal court in Puerto Rico found no current or threatened harm.

Puerto Rico’s claims for injunctive relief under the Clayton Act failed because the last alleged act in the scheme occurred almost 10 years ago, the U.S. District Court for the District of Puerto Rico said Thursday.

The Commonwealth’s damages claims under the Clayton Act are also barred by the four year statute of limitations, the court said.

And Puerto Rico can’t sue for unjust enrichment to revive the time-barred antitrust damages claims because the…

Read more here:  https://news.bloomberglaw.com/mergers-and-antitrust/puerto-rico-loses-50-million-polyurethane-foam-price-fix-suit

Puerto Rico alleges manufacturing companies conspired to price-fix polyurethane foam products

Lawsuits

By Noddy A. Fernandez | Jan 11, 2019

San Juan, Puerto Rico (Legal Newsline) – The government of Puerto Rico has filed a suit against several companies over allegations of price-fixing.

The government of Puerto Rico, represented by its Attorney General Wanda Vazquez Garced, filed a complaint on Dec. 20 in the U.S. District Court for the District of Puerto Rico against The Carpenter Co., Flexible Foam Products Inc., FXI-Foamex Innovations Inc., et al. alleging unjust enrichment and other counts.

According to the complaint, the plaintiffs allege that the defendants and their co-conspirators conspired to fix, raise, maintain and/or stabilize prices of flexible polyurethane foam, which is used for cushioning in furniture. The plaintiffs allege this price fixing began in 1999 and continues through the present day.

As a result of the fixed pricing conduct, the plaintiff alleges it has “paid more during for flexible polyurethane foam than they otherwise would have paid in a competitive market and has therefore been injured in its businesses and property,” the suit states.

The plaintiffs holds The Carpenter Co., Flexible Foam Products Inc., FXI-Foamex Innovations Inc., et al. responsible because the defendants allegedly have been unjustly enriched by the plaintiff’s overpayments.

The plaintiffs request a trial by jury and seek an order for the defendants to cease all cooperative agreements, reimbursement, award pre- and post-judgment interest, costs and such other relief as it may deem just and proper under the circumstances. It is represented by Attorney General Wanda Vazquez Garced and Assistant Attorney General Denise Maldonado Rosa in San Juan, Puerto Rico and others.

U.S. District Court for the District of Puerto Rico case number 3:18-cv-01987-GAG

https://legalnewsline.com/stories/511715378-puerto-rico-alleges-manufacturing-companies-conspired-to-price-fix-polyurethane-foam-products

February 28, 2020

Puerto Rico Loses Suit

Puerto Rico Loses $50 Million Polyurethane Foam Price-Fix Suit

Feb. 28, 2020, 10:25 AM

Puerto Rico’s $50 million price fixing suit against polyurethane foam manufacturers was dismissed after the federal court in Puerto Rico found no current or threatened harm.

Puerto Rico’s claims for injunctive relief under the Clayton Act failed because the last alleged act in the scheme occurred almost 10 years ago, the U.S. District Court for the District of Puerto Rico said Thursday.

The Commonwealth’s damages claims under the Clayton Act are also barred by the four year statute of limitations, the court said.

And Puerto Rico can’t sue for unjust enrichment to revive the time-barred antitrust damages claims because the…

Read more here:  https://news.bloomberglaw.com/mergers-and-antitrust/puerto-rico-loses-50-million-polyurethane-foam-price-fix-suit

Puerto Rico alleges manufacturing companies conspired to price-fix polyurethane foam products

Lawsuits

By Noddy A. Fernandez | Jan 11, 2019

San Juan, Puerto Rico (Legal Newsline) – The government of Puerto Rico has filed a suit against several companies over allegations of price-fixing.

The government of Puerto Rico, represented by its Attorney General Wanda Vazquez Garced, filed a complaint on Dec. 20 in the U.S. District Court for the District of Puerto Rico against The Carpenter Co., Flexible Foam Products Inc., FXI-Foamex Innovations Inc., et al. alleging unjust enrichment and other counts.

According to the complaint, the plaintiffs allege that the defendants and their co-conspirators conspired to fix, raise, maintain and/or stabilize prices of flexible polyurethane foam, which is used for cushioning in furniture. The plaintiffs allege this price fixing began in 1999 and continues through the present day.

As a result of the fixed pricing conduct, the plaintiff alleges it has “paid more during for flexible polyurethane foam than they otherwise would have paid in a competitive market and has therefore been injured in its businesses and property,” the suit states.

The plaintiffs holds The Carpenter Co., Flexible Foam Products Inc., FXI-Foamex Innovations Inc., et al. responsible because the defendants allegedly have been unjustly enriched by the plaintiff’s overpayments.

The plaintiffs request a trial by jury and seek an order for the defendants to cease all cooperative agreements, reimbursement, award pre- and post-judgment interest, costs and such other relief as it may deem just and proper under the circumstances. It is represented by Attorney General Wanda Vazquez Garced and Assistant Attorney General Denise Maldonado Rosa in San Juan, Puerto Rico and others.

U.S. District Court for the District of Puerto Rico case number 3:18-cv-01987-GAG

https://legalnewsline.com/stories/511715378-puerto-rico-alleges-manufacturing-companies-conspired-to-price-fix-polyurethane-foam-products