Firm鈥檚 fine was reduced by 64%

Durkan has confirmed that it is considering future action in regard to the Competition Appeal Tribunal鈥檚 decision to uphold part of a fine levied by the OFT.

The tribunal concluded this week that the OFT had failed to establish that Durkan had provided a cover price and that the auditor had erred in its basis for calculating the fine it had imposed. As a result the tribunal reduced the company鈥檚 total fine by 64% from 拢6,720,551 to 拢2,436,000.

However, the tribunal maintained that Durkan Holdings exercised 鈥渄ecisive influence鈥� over Concentra, a former subsidiary, turning down the company鈥檚 attempt to appeal that point.

In a statement Durkan said: 鈥淐oncentra was at no point controlled by Durkan Holdings and acted entirely independently of the holding company. Durkan Holdings is very disappointed in this decision and is considering future action.鈥�

This comes after the tribunal handed down judgments in relation to six firms that appealed fines, but not liability, on 11 March. The judgments reduced fines by up to 90%, with Kier鈥檚 decreasing from 拢17.9m to 拢2m.

As 黑洞社区 went to press Galliford Try was awaiting the decision on its appeal of a 拢8.3m fine expected yesterday (Thursday).

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