Suspected anti-competitive conduct in relation to the supply of chemicals for use in the construction industry
The CMA is investigating suspected anti-competitive conduct in relation to the supply of chemical admixtures and additives for use in concrete, cement, mortars and related construction products under Chapter I CA98.
Administrative timetable
| Date | Action |
|---|---|
| October 2023 to July 2024 | Initial investigation: including information gathering, analysis and review of information gathered |
| October 2023 | Investigation opened |
Update on judicial review of Competition Appeal Tribunal decisions
22 April 2024: The High Court handed down judgment in an application for judicial review brought by the Competition and Markets Authority (CMA) of certain decisions made by the Competition Appeal Tribunal (CAT).
The High Court agreed with the CMA that the Tribunal had made an error in its application of the law – namely, that it was incorrect to state that specific evidence of a ‘propensity’ to destroy electronic or physical documents was always required for a domestic search warrant, and that the Tribunal’s judgment should not therefore be followed in future cases. The High Court also held that the CAT had erred in law and exceeded its powers on certain related procedural matters.
- (22.4.24)
- Press notice: CMA wins legal challenge against CAT on home search warrants (22.4.24)
13 and 14 March 2024: The High Court held a hearing to decide whether to hear and, if so, determine an application for judicial review brought by the Competition and Markets Authority against the Competition Appeal Tribunal arising in connection with an application made by the CMA in October 2023 to the Tribunal for warrants in respect of this investigation. The grounds of judicial review are: that the Tribunal made an error of law in applying s28A(1)(b)(ii) of the Competition Act 1998; the Tribunal exceeded its powers as concerns citation of authority; and the Tribunal’s order of 8 December 2023 was ultra vires.
Case information
On 17 October 2023, the CMA launched an investigation under Chapter I of the Competition Act 1998 (‘CA98’) into suspected anti-competitive conduct relating to the supply of chemical admixtures and additives for use in concrete, cement, mortars and related construction products in the UK. The investigation concerns a suspected infringement or infringements of Chapter I CA98 involving a number of suppliers of these chemicals and some industry bodies.
No assumption should be made at this stage that the CA98 has been infringed. The CMA has not reached a view as to whether there is sufficient evidence of an infringement of competition law for it to issue a statement of objections to any of the parties under investigation. Not all cases result in the CMA issuing a statement of objections.
If the CMA issues a statement of objections, it will provide the addressee(s) of that statement of objections with an opportunity to make written and oral representations, before it makes a final decision. Further details are available in the CMA’s investigation procedures in CA98 cases.
- Press notice: CMA launches investigation into the supply of chemicals for use in construction industry. (17.10.23)
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 UK 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
For any enquiries relating to this case, please contact:
- Project Director: Deborah Wilkie, deborah.wilkie@cma.gov.uk
- Senior Responsible Officer: Juliette Enser, juliette.enser@cma.gov.uk
Media enquiries
- press@cma.gov.uk, 020 3738 6460
Last updated 22 April 2024 + show all updates
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High Court judgment and update published
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Update on judicial review of Competition Appeal Tribunal decisions published.
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First published.