On 13 January 2021, the CAT published an order confirming FP McCann Limited (FPM) had infringed the Chapter 1 Prohibition by engaging in a price-fixing and market sharing cartel. As a result, the first condition required for a competition directors disqualification order (CDO) against two of FPM’s directors, Eoin McCann and Francis McCann, was satisfied.
In a decision published on 23 October 2019, the CMA had found that FPM and two other undertakings had engaged in price-fixing in relation to the supply of pre-cast concrete drainage products. Following its decision, the CMA announced on 15 January 2020 that it would seek CDOs against the directors of the infringing companies. The CDO proceedings were stayed after FPM launched an appeal of the CMA’s decision. The CAT considered whether there had been an infringement for the purposes of the CDOs at the same time as considering the appeal by the company. The CAT rejected the company’s appeal in its judgment handed down on 22 December 2020, which preceded its January order confirming that FPM had breached the Chapter 1 Prohibition. The remainder of the CDO proceedings have been referred to the High Court in Northern Ireland.