Residential estate agency services in the Burnham-on-Sea area: Director Disqualification

The CMA has secured the disqualification of a number of directors of estate agencies found to have broken competition law.

From:
Competition and Markets Authority
Published
10 April 2018
Last updated
7 July 2020 — See all updates
Case type:
Competition disqualification
Case state:
Closed
Market sector:
Distribution and service industries
Outcome:
Competition disqualification - order granted

Court proceedings seeking director disqualifications

7 July 2020: The judgment of the Court in the case of CMA v Michael Martin, which was handed down on Friday, 3 July 2020, has now been published and is available online.

3 July 2020: The CMA’s application for a disqualification order against Mr Martin was heard by the Insolvency and Companies Court between 8 and 11 June 2020. Today the Court handed down its judgment. The Court has disqualified Mr Martin from acting as the director of a company for 7 years.

30 April 2019: The proceedings against Mr Graham Thompson, former director of Saxons PS Limited, were discontinued following the acceptance by the Competition and Markets Authority on 29 April 2019 of a competition disqualification undertaking from Mr Thompson under which Mr Thompson undertakes not to act as a director of a company for a period of 5 years. Proceedings against Mr Martin are ongoing.

27 February 2019: On 26 February 2019 the Competition and Markets Authority (CMA) issued proceedings in the High Court of Justice, Business and Property Courts seeking the disqualification of 2 directors:

  • Mr Michael Martin, formerly a director of Gary Berryman Estate Agents Limited, The Property Group (2010) Limited and Warne Investments Limited
  • Mr Graham Thompson, formerly a director of Saxons PS Limited

The proceedings against both directors arose from the CMA’s decision on 31 May 2017 that Gary Berryman Estate Agents Limited, Warne Investments Limited and Saxons PS Limited together with 4 other estate agencies, entered into an anti-competitive agreement to fix a minimum level of commission fees for the provision of residential sales services in the Burnham-on-Sea area.

The CMA issued these proceedings under section 9A of the Company Directors Disqualification Act 1986 following an investigation into the directors’ conduct in relation to the breach of competition law. It is now for the court to decide whether to make a disqualification order against each director.

Provided they continue to comply with the terms of their leniency agreement, the CMA will not seek the disqualification of the co-operating directors of 3 of the estate agents, which qualified for leniency under the CMA’s leniency policy.

Director disqualification undertakings

10 April 2018: The Competition and Markets Authority (CMA) announced that David Baker, former director of estate agency Abbott and Frost Estate Agents Limited (Abbott and Frost), has given a disqualification undertaking not to act as a director of a company for 3 years and 6 months.

Julian Frost, another director of Abbott and Frost, has given a disqualification undertaking not to act as a director of a company for 3 years.

Under the Company Directors Disqualification Act 1986, the CMA may seek the disqualification of an individual from holding a company directorship or performing certain roles in relation to a company for a specified period where that individual was a director of a company which has breached competition law and their conduct makes them unfit to be a director. The CMA may seek disqualification by a court order or legally binding undertaking.

The disqualifications follow the CMA’s decision on 31 May 2017 that Abbott and Frost, together with 5 other estate agencies, entered into an anti-competitive agreement to fix a minimum level of commission fees for the provision of residential sales services in the Burnham-on-Sea area.

See the Residential estate agency services in the Burnham-on-Sea area investigation case page.

Contacts

CMA press office press@cma.gov.uk or call 020 3738 6460

Assistant project director James Granshaw: james.granshaw@cma.gov.uk or call 020 3738 6239

Published 10 April 2018
Last updated 7 July 2020 + show all updates

  1. Link to Judgement of the Court added.

  2. Court order disqualification published.

  3. Disqualification undertaking published.

  4. The page has been updated to include information about court proceedings seeking the disqualification of 2 directors, issued by the CMA.

  5. First published.

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