Supply of precast concrete drainage products: civil investigation

The CMA is investigating suspected cartel arrangements in the supply of products to the construction industry under the Competition Act 1998.

Case reference: 50299

Case timetable

Date Action
December 2018 to March 2019 Written and oral representations on the statement of objections
13 December Statement of objections issued
13 December 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

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.

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.

No assumption should be made at this stage that any infringement has occurred. The recipients of the statement of objections will now have an opportunity to respond to the allegations. The CMA will consider any representations it receives before any decision is taken as to whether competition law has in fact been infringed.

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.

Changes to the timing of original entries in the case timetable will be made where the estimated timing in the original timetable changes.

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 3728 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.

Published 18 April 2016
Last updated 2 November 2017 + show all updates
  1. Timetable updated.
  2. Timetable added.
  3. First published.