Judgment of the Tribunal in relation to an appeal against a decision of the Competition and Markets Authority (“the CMA”) entitled “Supply of products to the construction industry (pre-cast concrete drainage products) – Case 50299” issued on 23 October 2019 (“the Decision”).
In the Decision, the CMA found that three undertakings including FP McCann Limited (“FPM”) had infringed the prohibition imposed by section 2(1) of the Competition Act 1998 and Article 101(1) of the Treaty on the Functioning of the European Union. The CMA required FPM to pay a penalty of £25,449,676.
FPM filed a notice of appeal on 20 December 2019 (“the Appeal”) and, by the Tribunal’s Order of 15 June 2020, Eoin McCann and Francis McCann were granted permission to intervene in the Appeal.
For the reasons given in the Judgment, the Tribunal unanimously rejected FPM’s appeal and upheld the Decision to impose a penalty on FPM of £25,449,676.
Save for in relation to the second Ground of Appeal (which is dealt with first and rejected), the Judgment addresses each of the remaining six Grounds of Appeal put forward by FPM by reference to the relevant step in the CMA’s Penalty Guidance.
