Supply of precast concrete drainage products: civil investigation
The CMA has issued a decision imposing fines on suppliers of pre-cast concrete drainage products for breaching competition law.
Case reference: 50299
Case timetable
| Date | Action |
|---|---|
| 18 March 2021 | Director disqualification undertakings announced |
| 20 December 2019 | Publication of non-confidential version of the infringement decision |
| 23 October 2019 | Infringement decision issued |
| June to October 2019 (estimated) | Written and oral representations on draft penalty statement; further information gathering |
| 28 June 2019 | Draft penalty statement issued to non-settling party; draft penalty calculations issued to settling parties |
| December 2018 to March 2019 | Written and oral representations on the statement of objections |
| 13 December 2018 | Statement of objections issued |
| 13 December 2018 | Settlement announced |
| October 2017 | Decision taken to proceed with the investigation (further update by the end of March 2018) |
| June 2017 to March 2018 (estimate) | Information gathering, including the issuance of formal or informal information requests, analysis and review of material |
| 15 April 2016 | Investigation opened |
Director disqualification undertakings
18 March 2021: The Competition and Markets Authority (CMA) has secured legally binding disqualification undertakings from Mr Eoin McCann and Mr Francis McCann, former directors of FP McCann Ltd. Eoin McCann has given a disqualification undertaking not to act as a director of any UK company for 12 years, and Francis McCann has given a disqualification undertaking not to act as a director of any UK company for 11 years. The disqualification periods commence on 31 March 2021.
As a result of the undertakings, the CMA is no longer pursuing its application for disqualification orders in the High Court of Northern Ireland (issued pursuant to Article 13A of The Company Directors Disqualification (Northern Ireland) Order 2002 (CDDO)).
- Press release: Directors disqualified over illegal construction cartel (18.3.21)
- See the Supply of precast concrete drainage products: director disqualification
Competition Appeal Tribunal judgment
22 December 2020: The CMA welcomes the judgment from the Competition Appeal Tribunal today, which upholds its decision to impose a £25m fine on FP McCann Ltd for participating in an illegal cartel, reflecting the seriousness of the infringement. The Tribunal’s judgment reinforces the need for companies to engage in active competition and not cheat by colluding with their rivals to fix prices or share out the market between them. The CMA will continue to crack down on illegal cartels and impose significant fines to deter anti-competitive behaviour that harms consumers and the wider economy.
Find out more on the CAT’s website.
Notice of appeal
20 December 2019: FP McCann Limited filed an appeal in the Competition Appeal Tribunal against the CMA’s findings in the Infringement Decision and the penalty imposed. The CMA will defend the appeal.
Non-confidential infringement decision
20 December 2019: The CMA has published a non-confidential version of the decision in this case.
- (20.12.19)
Infringement decision
23 October 2019: The CMA issued a decision finding that 3 suppliers of pre-cast concrete drainage products have infringed UK and EU competition law in relation to the supply of certain products to customers in Great Britain between July 2006 and March 2013.
The CMA found that the suppliers broke competition law by agreeing to fix or coordinate their prices, share the market by allocating customers and regularly exchanging competitively sensitive information.
Fines totalling more than £36 million have been imposed on CPM Group Limited, FP McCann Limited and Stanton Bonna Concrete Limited (and its parent companies Bonna Sabla SA, Consolis Finance SAS, Consolis SAS and Consolis Group SAS).
- Press release: Construction firms fined £36 million for breaking competition law (23.10.19)
Statement of objections
13 December 2018: On 13 December, the CMA issued a statement of objections alleging that 3 suppliers of pre-cast concrete drainage products breached competition law by taking part in a cartel agreement to fix or coordinate prices and share the market in relation to the provision of certain pre-cast concrete drainage products in Great Britain.
The allegations concern CPM Group Limited, FP McCann Limited and Stanton Bonna Concrete Limited. The statement is also addressed to Stanton Bonna Concrete Limited’s parent companies Bonna Sabla SA, Consolis Finance SAS, Consolis SAS and Consolis Group SAS (SBC).
It follows settlement by 2 of the suppliers – SBC and CPM Group Limited – who have admitted their participation in the alleged cartel.
- Press release: Two construction firms admit to illegal cartel (13.12.18)
Settlement
13 December 2018: 2 businesses, Stanton Bonna Concrete Limited (along with its parent companies Bonna Sabla SA, Consolis Finance SAS, Consolis SAS and Consolis Group SAS) (SBC) and CPM Group Limited, have admitted participating in an illegal cartel in relation to the supply of certain precast concrete drainage products in Great Britain and agreed to pay fines including a discount to reflect the resource savings to the CMA generated by the companies’ admissions and their cooperation with the CMA’s investigation. The final level of any fines will be decided by a new case decision group, in accordance with the CMA’s administrative process.
SBC also reported the alleged cartel conduct under the CMA’s leniency policy and will benefit from a discount on any fine, provided it continues to co-operate and complies with the other conditions of the CMA’s leniency policy.
The CMA’s investigation into a third company, FP McCann Limited, continues and no assumption should be made that it has infringed the law.
Case information
The investigation concerns suspected infringements of the Chapter I prohibition in the Competition Act 1998 and of Article 101 of the Treaty on the Functioning of the European Union.
The CMA also conducted a related criminal investigation into whether individuals had committed an offence under section 188 of the Enterprise Act 2002. The criminal investigation concluded in June 2017. Until then, progress of the Competition Act investigation had been contingent on progress of the related criminal case.
The CMA has also secured legally binding disqualification undertakings from 2 former directors of CPM Group Limited. Further details can be found on the director disqualification case page.
Personal data
The CMA may collect, use and share personal data for its investigations, including investigations under the Competition Act 1998. This includes processing personal data for the purposes of the General Data Protection Regulation and the Data Protection Act 2018.
For more information about how the CMA handles personal information, please see the CMA’s Personal Information Charter.
Contacts
Assistant Project Director
Laila Benfaida (020 3738 6913, laila.benfaida@cma.gov.uk)
Project Directors
Deborah Wilkie (020 3738 6606, deborah.wilkie@cma.gov.uk)
Ruth Ashworth (020 3738 6848, ruth.ashworth@cma.gov.uk)
Senior Responsible Officer
Michael Grenfell (020 3738 6134, michael.grenfell@cma.gov.uk)
Media enquiries
Any media enquiries should be directed to a member of our Press Office.
Last updated 18 March 2021 + show all updates
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Director disqualification undertakings published.
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Competition Tribunal Appeal judgment published.
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Non-confidential version of the infringement decision published.
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Infringement decision issued.
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Case timetable updated.
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Timetable updated.
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Timetable added.
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First published.