Supply of precast concrete drainage products: director disqualification

The CMA has secured the disqualification of two former directors whose company admitted it breached competition law.

From:
Competition and Markets Authority
Published
26 April 2019
Last updated
16 January 2020 — See all updates
Case type:
Competition disqualification
Case state:
Open
Market sector:
Building and construction
Opened:
25 April 2019

Director disqualification undertakings

18 March 2021: The Competition and Markets Authority (CMA) has secured legally binding disqualification undertakings from Mr Eoin McCann and Mr Francis McCann, former directors of FP McCann Ltd. Eoin McCann has given a disqualification undertaking not to act as a director of any UK company for 12 years, and Francis McCann has given a disqualification undertaking not to act as a director of any UK company for 11 years. The disqualification periods commence on 31 March 2021.

As a result of the undertakings, the CMA is no longer pursuing its application for disqualification orders in the High Court of Northern Ireland (issued pursuant to Article 13A of The Company Directors Disqualification (Northern Ireland) Order 2002 (CDDO)).

Court proceedings seeking director disqualifications

15 January 2020: The Competition and Markets Authority (CMA) has commenced director disqualification proceedings against 2 current directors of FP McCann Limited (FPM) in the Northern Ireland High Court. The 2 directors are:

  • Mr Eoin McCann
  • Mr Francis McCann

The proceedings arise from the CMA’s findings in the decision dated 23 October 2019 that FPM, along with Stanton Bonna Concrete Limited and CPM Group Ltd, broke competition law by agreeing to fix or coordinate their prices, share the market by allocating customers and regularly exchanging competitively sensitive information.

The CMA issued the proceedings under article 13A of The Company Directors Disqualification (Northern Ireland) Order 2002 (CDDO) following an investigation into the directors’ conduct in relation to the breach of competition law. The Northern Ireland High Court will now be required to decide whether to make a disqualification order against Mr Eoin McCann and Mr Francis McCann.

Director disqualification undertakings

26 April 2019: The Competition and Markets Authority (CMA) announced that it secured legally binding disqualification undertakings from Mr Philip Michael Stacey and Mr Robert James Taylor Smillie, who were directors of CPM Group Ltd. Mr Stacey has given a disqualification undertaking not to act as a director of any UK company for 7 years and 6 months, and Mr Smillie has given a disqualification undertaking not to act as a director of any UK company for 6 years and 6 months.

Under the Company Directors Disqualification Act, the CMA has the power to apply to the court to disqualify a director from holding company directorships or performing certain roles in relation to a company for a specified period, if a company which he or she is a director of has breached competition law. The Act also allows the CMA to accept a disqualification undertaking from a director instead of bringing proceedings, which has the same legal effect as a disqualification order.

Further details about the CMA’s civil investigation can be found on the supply of precast concrete drainage products case page.

Contacts

CMA press office

Email [email protected] or call 020 3738 6460

Director of Litigation

Jessica Radke: [email protected]

Updates to this page

Published 26 April 2019
Last updated 16 January 2020 + show all updates

  1. Commencement of director disqualification proceedings against 2 current directors.

  2. First published.

Contents