Competition Markets Authority
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.
- (23.3.23)
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.
- (23.3.23)
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.
- (23.3.23)
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.
- (28.4.23)
10 May 2023: Subject to a series of conditions prescribed in the Order, the High Court granted Mr Cluskey interim leave to continue to act as a director, and take part in the management of, Cantillon Limited, pending judgment to be delivered on 25 May 2023 at 9:30am.
- (23.5.23)
Further details about the CMAs civil investigation can be found on the Supply of construction services case page.
Contacts
Media contact
Any media enquiries should be directed to a member of our Press Office.
Litigation Director
- Daniel Barnett, daniel.barnett@cma.gov.uk