Supply of construction services: director disqualification

The CMA has disqualified four individuals in this director disqualification investigation: two current and two former directors of companies found by the CMA to have entered into anti-competitive arrangements in the supply of construction services in the United Kingdom.

From:
Competition and Markets Authority
Published
23 March 2023
Last updated
8 February 2024 — See all updates
Case type:
Competition disqualification
Case state:
Open
Market sector:
Building and construction
Opened:
9 November 2021

Further details about the CMA’s civil investigation can be found on the Supply of construction services case page.

Administrative timetable

Date Action
25 May 2023 Competition disqualification undertaking from a further director announced
23 March 2023 Competition disqualification undertakings from 3 directors announced
9 November 2021 Case opened

Competition disqualification investigation

Under the Company Directors Disqualification Act 1986 the CMA has the power to apply to the court to disqualify a director from holding company directorships, or performing certain roles in relation to a company for a specified period, if a company of which he or she is a director has breached competition law. The Act also allows the CMA to accept a disqualification undertaking from a director, with the same legal effect as an order, instead of bringing proceedings.

Competition disqualification undertakings

25 May 2023: The CMA has accepted a Competition Disqualification Undertaking from Mr Nicholas Brown. Mr Brown was a director of Brown and Mason Limited from 1 February 1996 until 30 June 2020, and of Brown and Mason Group Limited from 6 April 1998. He has given an undertaking not to act as a director of any UK company for 7 years. The disqualification period commences on 28 July 2023.

23 March 2023: The Competition and Markets Authority has accepted Competition Disqualification Undertakings from Mr Michael Cantillon, Mr Paul Cluskey, and Mr David Darsey.

Mr Michael Cantillon was a director of Cantillon Limited and Cantillon Holdings Limited from 6 March 1992 and 16 January 2004, respectively, until 17 July 2020. Mr Cantillon has given an undertaking not to act as a director of any UK company for 7 years and 6 months. The disqualification period commences on 9 April 2023.

Mr Paul Cluskey has been a director of Cantillon Limited and Cantillon Holdings Limited since 18 February 2015. He has given an undertaking not to act as a director of any UK company for 4 years and 6 months. The disqualification period commences on 1 May 2023.

Mr David Darsey was a director of Erith Contractors Limited and Erith Holdings Limited from 2 August 1993 and 1 July 2007, respectively, until 1 June 2022. He has given an undertaking not to act as a director of any UK company for 5 years and 10 months. The disqualification period commenced on 2 February 2023.

Leave to act

Under section 17 of the Company Directors Disqualification Act 1986 an individual who is subject to a Competition Disqualification Undertaking may apply to the court for permission to act as a director or otherwise be concerned in the management of a company.

8 February 2024: The High Court has refused Mr Brown’s application for permission to act as a director of Brown and Mason Limited and its holding company NRLB Limited for the reasons explained in its written judgment. This is subject to a run-off period expiring at 11:59pm on 28 July 2024, during which Mr Brown may (subject to the conditions prescribed in the Order) continue as a director and remain involved in the management of both companies to facilitate transition.

13 July 2023: Mr Nicholas Brown applied to the High Court for permission to continue to act as a director, and be involved in the management of, Brown and Mason Group Limited and NRLB Limited, notwithstanding his disqualification to take effect from 28 July 2023.

25 May 2023: Subject to a series of conditions prescribed in the Order, the High Court granted Mr Cluskey leave to continue to act as a director, and take part in the management, of Cantillon Limited.

3 April 2023: Mr Paul Cluskey applied to the High Court for permission to continue to act as a director of Cantillon Limited, and to take part in the management of two other companies (subject to conditions), notwithstanding his disqualification to take effect from 1 May 2023.

Contacts

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Litigation Director

Published 23 March 2023
Last updated 8 February 2024 + show all updates

  1. Application for permission to act refused

  2. Interim order published.

  3. Interim notice: director disqualified

  4. Interim order published

  5. Competition disqualification undertaking from a further director announced

  6. Interim order published.

  7. Interim order published.

  8. First published.

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