CUTS International, Accra, a leading public policy think tank, has raised serious competition and antitrust concerns over the decision by the Chamber of Cement Manufacturers, Ghana (COCMAG) to introduce a uniform GH¢12 per bag clinker demurrage surcharge, warning that collective agreement among competing firms on a common surcharge bears the hallmarks of cartel conduct.
CUTS acknowledges the serious cost pressures confronting cement manufacturers because of congestion at the Tema Port. COCMAG reports that vessel waiting times increased from an average of seven days in January to between 30 and over 40 days in August 2026, resulting in estimated industry-wide demurrage costs of US$45 million to US$50 million during the first eight months of the year.
CUTS does not dispute the industry’s right to recover legitimate costs. Businesses must cover their costs, remain financially sustainable and earn reasonable returns on their investments. However the competition concern arises from how those costs are passed on to consumers.
“Cement manufacturers have every right to recover legitimate demurrage costs. What raises a red flag is when firms that are supposed to compete meet and collectively determine a common surcharge to be paid by consumers. When competitors agree on an element of price rather than determine it independently, such conduct bears the classic hallmarks of cartel behaviour,” Appiah Kusi Adomako, Esq., Director, West Africa Regional Centre of CUTS International told reporters in Accra recently.
According to COCMAG, the GH¢12 surcharge comprises GH¢10 before tax and GH¢2 in taxes and levies. The decision was reportedly reached at an emergency meeting on August 28, 2026. The surcharge will remain until 31st December, subject to monthly monitoring and a review in January 2027.
CUTS argued that calling the amount a “demurrage surcharge” rather than a price increase does not remove the competition concern. To CUTS, a surcharge forms part of the amount ultimately paid by consumers. Agreements between competitors over prices or components of prices are among the most serious concerns in competition law.
According to CUTS, Different cement manufacturers have different shipping contracts, clinker volumes, vessel arrangements, inventory levels, financing costs, operational efficiencies and exposure to demurrage. There is, therefore, no economic reason to assume that each manufacturer’s additional cost per bag is identical.
“One manufacturer might need GH¢12 to recover its costs. Another might require GH¢8. A more efficient manufacturer might absorb part of the additional cost to retain customers or gain market share.
That is competition at work. The question is why companies with different cost structures and different demurrage exposure should all arrive at exactly the same GH¢12 surcharge. Each company should calculate its own costs and independently determine what it charges consumers. Different costs should ordinarily produce different commercial responses,” Mr. Adomako said.
Airline fuel surcharges show how competition should work
Mr Adomako further told reporters that the airline industry provides a useful comparison. According to him, fuel represents a major operating cost for airlines saying when fuel costs rise, airlines apply fuel surcharges to recover part of those costs. Importantly, each airline independently determines its surcharge.
“Fare information reviewed by CUTS for the Accra-Kumasi route for September 15, 2026 shows Africa World Airlines applying a fuel surcharge of GH¢220, while PassionAir applies a surcharge of GH¢75.
“The difference makes economic sense. The airlines operate different aircraft and have different fuel consumption, operating costs, fleet economics and commercial strategies. Africa World Airlines operates jet aircraft, while PassionAir operates turboprop aircraft. They, therefore, need not incur identical fuel costs or impose identical fuel surcharges.
“The principle is simple. Airlines face the same broad fuel-cost pressure, yet independently determine their respective surcharges. If competing airlines met and agreed that every passenger should pay an identical fuel surcharge, such an agreement would raise serious cartel concerns.The same competition principle applies to cement. A common industry problem does not require a common industry price.”
Trade associations must not become vehicles for cartel conduct
CUTS recognises COCMAG’s legitimate role as an industry association. Cement manufacturers have every right to collectively engage Government, the Ghana Ports and Harbours Authority and other institutions over port congestion, berth availability, vessel delays and other common industry problems.
CUTS supports urgent action to resolve the congestion at Tema Port. There must, nonetheless, be a clear boundary between legitimate industry advocacy and coordination of commercial decisions among competitors. A trade association risks crossing that boundary when competing members discuss, recommend or agree on prices, surcharges or other commercially sensitive matters, which each company should determine independently.
CUTS therefore called on COCMAG to clarify whether the GH¢12 surcharge is a collective decision or recommendation to its members and whether each manufacturer remains free to charge GH¢12, a lower amount, a higher amount or no surcharge at all.
CUTS also cautioned against using the proposed monthly monitoring and January review to exchange information on future prices, production volumes, individual costs, clinker stocks or other commercially sensitive information.
CUTS calls on Government and GPHA to urgently address the operational constraints creating excessive demurrage costs at Tema Port. Avoidable demurrage eventually affects businesses, construction costs and consumers.
Picture: Appiah Kusi Adomako, Esq., Director, West Africa Regional Centre, CUTS International Accra
For more news, join The Chronicle Newspaper channel on WhatsApp: https://whatsapp.com/channel/0029VbBSs55E50UqNPvSOm2z
