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Administrative timetable

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.

Competition disqualification undertakings

25 May 2023: The CMA has accepted a Competition Disqualification Undertaking from Mr Nicholas Brown. Mr Brown was a director of Brown and Mason Limited from 1 February 1996 until 30 June 2020, and of Brown and Mason Group Limited from 6 April 1998. He has given an undertaking not to act as a director of any UK company for 7 years. The disqualification period commences on 28 July 2023.

• Press notice: Demolition company director disqualified for 7 years for bid rigging and compensation payments (25.5.23)
• Undertaking from Mr Nick Brown (PFD, 6.31 MB) (25.5.23)

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.

• Undertakings from Mr Michael Cantillon (PDF, 2.58 MB) (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.

• Undertakings from Mr Paul Cluskey (PDF, 918 KB) (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.

• Undertakings from Mr David Darsey (PDF, 1.25 MB) (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.

24 July 2023: Mr Nicholas Brown made his application to the High Court for interim leave to leave to continue to act as a director of, and take part in the management of, Brown and Mason Group Limited (BMG) and NRLB Limited (NRLB). The High Court ordered such leave subject to a series of conditions prescribed in the order, including:

1. Mr Brown shall not use the title of Managing Director of BMG or NRLB;
2. That whilst Mr Brown may advise BMG in relation to their proposed content, he shall not approve any tender submission documents or any trade agreements on BMGs behalf or otherwise authorise or cause BMG to submit or enter into the same without the prior written approval of at least two other directors of BMG of such tender submission document or trade agreement;
3. Mr Brown shall not attend any meeting on behalf of BMG or NRLB with (1) any client or potential client to discuss, submit, approve or enter into any tender submission or trade agreement pre-contract, (2) any competitor of BMG or NRLB, or (3) with any third party that provides financial support to BMG or NRLB, without another director of BMG or NRLB (or alternatively in the case of BMG, Dan Baker) being present;
4. No invoices shall be rendered and no payments shall be made on behalf of BMG under the direction of or pursuant to any instructions given by Mr Brown;
5. Further conditions directed towards ensuring competition compliance.

• Sealed Order (PDF, 128KB) (25.7.23)

Mr Browns leave to act has only been granted on an interim basis and his final application will be heard by the High Court in September 2023.

13 July 2023: Mr Nicholas Brown applied to the High Court for permission to continue to act as a director, and be involved in the management of, Brown and Mason Group Limited and NRLB Limited, notwithstanding his disqualification to take effect from 28 July 2023.

25 May 2023: Subject to a series of conditions prescribed in the Order, the High Court granted Mr Cluskey leave to continue to act as a director, and take part in the management, of Cantillon Limited.

• Sealed order (PDF, 138KB) (26.5.23)

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.

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