Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

CMA definition

What does CMA mean? In practice, CMA refers to the UK’s competition and markets authority, the national competition regulator that investigates mergers, cartels and abuse of dominance and enforces consumer protection law. The body is created and named by statute (Enterprise and Regulatory Reform Act 2013) and exercises powers principally under the Competition Act 1998 and the Enterprise Act 2002, now complemented by the Digital Markets, Competition and Consumers Act 2024. Key functions include UK merger control (Phase 1/Phase 2), market studies and market investigations, antitrust enforcement with administrative fines, acceptance of commitments and remedies, criminal cartel enforcement, director disqualification, and consumer law enforcement....

FP McCann v CMA: CAT dismisses precast concrete drainage products cartel fine appeal; Penalty Guidance upheld; delay not mitigating; proportionality at decision date (UK competition law)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED — this archived case hub captures the position as at the judgment dated 22 December 2020; it is no longer maintained. See also the timeline and commentary...

Case facts

Outline

An Appeal by FP McCann Limited against the fine arising from the Competition and Markets Authority’s decision of 23 October 2019, which found that three undertakings, including FP McCann Limited, had infringed the Chapter I prohibition of the Competition Act 1998 and Article 101 TFEU by participating in a cartel spanning Great Britain concerning the supply of certain precast concrete drainage products...

For its role in an arrangement to fix or align prices and market shares, and to share information, for precast concrete drainage products, the CMA imposed a penalty of £25,449,676 on FP McCann Limited...

Latest development

On 22 December 2020, the CAT delivered its judgment, unanimously dismissing FP McCann Limited’s appeal against the £25,449,676 fine issued by the CMA. In particular, the CAT rejected FP McCann Limited’s arguments (amongst others) that:

the CMA’s Penalty Guidance is ultra vires because fines ought to be assessed on a spectrum from zero to the statutory maximum of 10% of global turnover, rather than...

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Web page updated on 21/05/2026

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