Erith hit with the biggest fine of 拢17.6m
Ten demolition firms have been fined a total of close to 拢60m for their involvement in bid-rigging following a years-long probe by the Competition and Markets Authority.
The CMA said the fines were 鈥渇or colluding on prices through illegal cartel agreements when submitting bids in competitive tenders for contracts. These bids were rigged, deceiving the customer that they were competitive when that was not the case.鈥 Five firms were also found guilty of making and receiving so-called 鈥榗ompensation payments鈥.
Erith, which along with Squibb contested the initial findings when they were published last summer, has been handed the biggest fine 鈥 a 拢17.6m penalty while Keltbray has been fined 拢16m. Careys, which owned the now discontinued Scudder at the time of the offences, was hit with an 拢8.3m fine.
The CMA said eight firms 鈥 Brown and Mason, Cantillon, Clifford Devlin, DSM, John F Hunt, Keltbray, McGee and Scudder 鈥 were handed reduced fines after admitting their involvement in the cartel activity last year.
The investigation began in 2019 and the 10 were publicly named last June by the cartel-buster as being involved in the scandal with the fines originally due to have been disclosed last autumn but the announcement was delayed until today.
鈥淭he bids were rigged by one or more construction firms which agreed to submit bids that were deliberately priced to lose the tender [known as cover pricing],鈥 the CMA added.
>>See also: Cartel probe leaves demolition sector to recover reputation - and count the cost
Three directors were also banned following the probe, the CMA added.
David Darsey, a former director of Erith, has been banned for 5 years and 10 months, Cantillon founder Michael Cantillon has been banned for 7 years and 6 months and Paul Cluskey, a current director of Cantillon, has been banned for 4 years and 6 months.
The CMA added: 鈥淓ach of these directors has benefited from reduced disqualification periods, having voluntarily agreed to the disqualification by way of undertakings to the CMA.鈥
As well as being guilty of bid-rigging, five of the 10 鈥 Brown and Mason, Cantillon, McGee, Scudder and Erith 鈥 were also found guilty of making and receiving 鈥榗ompensation payments鈥.
The CMA said: 鈥淸These five], on at least one occasion each, were involved in arrangements by which the designated 鈥榣osers鈥 of the contracts were set to be compensated by the winner. The value of this compensation varied but was higher than 拢500,000 in one instance.鈥 Some firms produced false invoices to hide this part of the illegal behaviour.鈥
The CMA said its probe, which centred on 19 contracts, involved unannounced inspections of 15 business premises, as well as interviewing 35 people and serving over 120 notices requiring information and documents such as emails, mobile phone records and financial records.
The CMA鈥檚 executive director for enforcement Michael Grenfell said: 鈥淭oday鈥檚 significant fines show that the CMA continues to crack down on illegal cartel behaviour. It should serve as a clear warning: the CMA will not tolerate unlawful conduct which weakens competition and keeps prices up at the expense of businesses and taxpayers.
鈥淲e have also secured the disqualification of certain company directors involved. Company directors must understand that they have personal responsibility for ensuring that their companies comply with competition law, and that disqualification may follow if they fail to do so.鈥
In a statement, Keltbray, which said the penalty it had been handed was based on the level of the group鈥檚 turnover, announced it would appeal the level of the fine imposed.
It added: 鈥淜eltbray did not instigate any infringement activity or benefit financially from the infringements, and therefore believes the intended penalty is excessive when compared to Keltbray鈥檚 level of involvement, particularly when compared to the malpractices of other organisations who did benefit financially from their activities.
鈥淜eltbray is therefore disappointed with the level of penalty which the CMA intends to impose on it and will be appealing that decision.鈥
Who has been fined what?
Erith: 拢17,568,000
Keltbray: 拢16m
Scudder (Careys): 拢8,256,264
John F Hunt: 拢5.6m
McGee: 拢3,766,278
Brown and Mason: 拢2.4m
Squibb: 拢2m
Cantillon: 拢1.92m
DSM: 拢1.4m
Clifford Devlin: 拢423,615
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