- CMA publishes full infringement decision relating to pricing collusion
CMA publishes full infringement decision relating to pricing collusion
CMA publishes full infringement decision relating to pricing collusion12th March 2021 - Published by Kuits IP team
The Competition and Markets Authority (CMA) has published its infringement decision finding that three groundwork suppliers had infringed the competition regime by colluding to restrict competition and maintain or increase prices. The suppliers in question were M.G.F. (Trench Construction Systems) Limited (and its parent MGF Limited); Vp Plc and Mabey Hire Limited (and its parent companies Mabey Engineering (Holdings) Limited and Mabey Holdings Limited).
The CMA launched its investigation back in April 2016 following an application by Mabey for Type A immunity under the CMA’s leniency policy. Type A immunity is available to the first party to come forward and notify the CMA of cartel behavior. Subject to certain conditions, the applicant is then guaranteed immunity from prosecution.
The CMA found that the suppliers had monitored the prices that each other were quoting to customers and had emailed each other examples of what they considered to be low quotes. The parties had also exchanged commercially sensitive information such as the introduction of design charges, transportation charges and intended price reviews.
The CMA imposed financial penalties totaling in excess of £15 million. As Mabey had approached the CMA pursuant to the CMA’s leniency policy, no financial penalty was imposed on tehm, provided it continues to meet the conditions of the leniency agreement.