Saint Gobain - Registration document 2016

240 / 330

9 FINANCIAL AND ACCOUNTING INFORMATION
1. 2016 Consolidated Financial Statements
240 SAINT-GOBAIN - REGISTRATION DOCUMENT 2016
Authority in the building insulation
Investigation by the French Competition 7.2.2.2
products sector
before the Versailles Commercial Court for one of its
2007, relating to a certification request lodged by Actis
mineral wool manufacturers’ association (FILMM), of which
products, and in relation to a dispute between Actis and the
Saint-Gobain Isover was a member.
The only complaint made was of having exchanged allegedly
Competition Authority (Autorité de la Concurrence française).
On August 6, 2014, Saint-Gobain Isover and Compagnie
Group) received a notice of complaints from the French
de Saint-Gobain (as the parent company of Saint-Gobain
strategic and confidential information, between 2002 and
postponed to a date not yet known.
Saint-Gobain Isover and Compagnie de Saint-Gobain are
2016. The Competition Authority’s final ruling has been
challenging this complaint. The hearing was held on May 11,
writ on Saint-Gobain Isover, the Centre Scientifique et
In the civil law area, in March 2013 Actis served a civil liability
Court (Tribunal de Grande Instance) for the adverse
Technique du Bâtiment, and the FILMM before the Paris Civil
investigation by the Competition Authority. In an order dated
consequences of facts forming the subject of the
proceedings while waiting for the decision from the
December 16, 2014, the pre-trial judge declared a stay of
Competition Authority.
Investigation by the Anti-trust Division of 7.2.2.3
the United States Department of Justice in
the United States drywall industry
potential anti-competitive practices, specifically a price
Department of Justice opened a criminal investigation into
investigation followed complaints filed in late 2012 in the form
agreement, in the United States drywall industry. This
manufacturers in the sector, including CertainTeed, by some
of class actions in the civil courts against eight drywall
of their customers.
In July 2015, the Anti-trust division of the United States
civil proceedings, CertainTeed and its attorneys have not
On the basis of testimony and documents submitted in the
CertainTeed, and as a result filed a motion for summary
identified any element that might create liability for
This application was accepted on February 18, 2016 by the
judgment in May 2015 in order to end the civil proceedings.
possible.
competent court. An appeal against this decision is still
Environmental related litigation 7.2.3
PFOA matters in the United States 7.2.3.1
(New Hampshire), and two former facilities in North
(SG PPL) facilities in Hoosick Falls (New York) and Merrimack
(polytetrafluorethylene) have never been manufactured by
Bennington (Vermont) in the United States. PFOA and PTFE
these plants. SG PPL is a processor of PTFE which it
contained traces of PFOA.
purchases from third party suppliers and which in the past
Environmental Protection Agency (EPA) or state health
Levels of PFOA (perfluorooctanoic acid) in excess of U.S.
private wells near current Saint-Gobain Performance Plastics
advisories have been found in municipal water systems and
SG PPL has voluntarily provided bottled water in all three
residents and businesses in the Hoosick Falls and North
communities, installed point-of-entry treatment systems to
the municipal water supply in Hoosick Falls. In addition, it has
Bennington areas, and installed carbon filtration systems on
communities in the Merrimack area. The investigations are
voluntarily committed to fund water line extensions in certain
on-going and the scope of responsibility for SG PPL arising
these sites has not yet been established. Responsibility, if any,
from environmental remediation and clean-up obligations at
particular the Hoosick Falls’ site.
is expected to be shared with other parties as regards in
in the form of proposed class actions. It is difficult to predict
New York, New Hampshire and Vermont, some of which are
the timing or outcome of any such litigation, or whether any
additional litigation will be brought against SG PPL.
economic damages claims have been filed in civil courts in
PFOA-related lawsuits alleging both health-related and
On 31 December 2016, the Company established a provision in
various costs.
the amount of USD 23 million in connection with defense and
Other proceedings and disputes 7.2.4
could have or which has had, in the last twelve months, a
Company and/or the Group might be threatened) which
Company and/or Group.
significant impact on the financial or profit position of the
(including pending proceedings or proceedings where the
Some of the Group’s companies may also be the subject of
authorities. Apart from the proceedings and litigation
other claims made by their employees or by the tax
other government, court or arbitration proceedings exist
described above, to the best of the Company’s knowledge no