The Competition and Market Authority (CMA) has disqualified two former directors of FP McCann for their parts in an illegal construction cartel
The move follows the CMA’s 2019 decision that FP McCann Ltd (FPM), along with 2 other suppliers of pre-cast concrete drainage products – Stanton Bonna Concrete Ltd and CPM Group Ltd – formed an illegal construction cartel.
The CMA found that, from July 2006 to March 2013, the suppliers agreed among themselves to fix or coordinate their prices, shared out the market by allocating customers and exchanged with each other competitively sensitive information.
FPM appealed against this decision, but in December 2020 the CMA’s determination was upheld by the Competition Appeal Tribunal.
Reflecting the serious nature of the infringement and the directors’ involvement, the CMA has now secured the disqualification of Eoin McCann and Francis McCann, both of whom were directors during the entire period in which the infringing conduct took place and attended regular construction cartel meetings on behalf of FPM.
Eoin McCann will be disqualified for 12 years and Francis McCann for 11 years, the longest period for director disqualification secured by the CMA to date.
The disqualifications will commence on 31 March.
‘Length of disqualification reflect seriousness’
Michael Grenfell, executive director of enforcement at the CMA, said: “The length of these disqualification periods reflects the seriousness of this case.
“The CMA will continue to take strong action, where necessary, to protect the public from illegal anti-competitive practices. The message to directors is clear – you are personally responsible for ensuring that your company complies with competition law, and if it doesn’t you risk disqualification.”
These disqualifications follow the disqualification of Philip Stacey and Robert Smillie, former directors of CPM.
They bring the total number of disqualifications, as a result of CMA investigations, to 25.
