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Supply of construction services: director disqualification

Competition Markets Authority

April 28
12:47 2023

Administrative timetable

Date Action
23 March 2023 Competition disqualification undertakings from 3 directors announced
9 November 2021 Case opened

Competition disqualification investigation

Under the Company Directors Disqualification Act 1986 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 of which he or she is a director has breached competition law. The Act also allows the CMA to accept a disqualification undertaking from a director, with the same legal effect as an order, instead of bringing proceedings.

The CMAs director disqualification investigation in this case remains ongoing.

Competition disqualification undertakings

23 March 2023: The Competition and Markets Authority has accepted Competition Disqualification Undertakings from Mr Michael Cantillon, Mr Paul Cluskey, and Mr David Darsey.

Mr Michael Cantillon was a director of Cantillon Limited and Cantillon Holdings Limited from 6 March 1992 and 16 January 2004, respectively, until 17 July 2020. Mr Cantillon has given an undertaking not to act as a director of any UK company for 7 years and 6 months. The disqualification period commences on 9 April 2023.

Mr Paul Cluskey has been a director of Cantillon Limited and Cantillon Holdings Limited since 18 February 2015. He has given an undertaking not to act as a director of any UK company for 4 years and 6 months. The disqualification period commences on 1 May 2023.

Mr David Darsey was a director of Erith Contractors Limited and Erith Holdings Limited from 2 August 1993 and 1 July 2007, respectively, until 1 June 2022. He has given an undertaking not to act as a director of any UK company for 5 years and 10 months. The disqualification period commenced on 2 February 2023.

Leave to act

Under section 17 of the Company Directors Disqualification Act 1986 an individual who is subject to a Competition Disqualification Undertaking may apply to the court for permission to act as a director or otherwise be concerned in the management of a company.

3 April 2023: Mr Paul Cluskey applied to the High Court for permission to continue to act as a director of Cantillon Limited, and to take part in the management of two other companies (subject to conditions), notwithstanding his disqualification to take effect from 1 May 2023.

24 April 2023: Subject to a series of conditions as prescribed in the Order, the High Court granted Mr Cluskey interim leave to continue to act as a director of Cantillon Limited and to take part in the management of two other companies pending a full hearing of the leave to act application to take place on 10 May 2023.

Further details about the CMAs civil investigation can be found on the Supply of construction services case page.

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Litigation Director

Published 23 March 2023
Last updated 28 April 2023 +show all updates
  1. Interim order published.

  2. First published.

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