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CAT overturns findings of infringement in cover pricing appeal

28/04/11

GMI Construction v Office of Fair Trading [2011] CAT 12

On 27 April 2011, the Competition Appeal Tribunal ("the CAT") handed down judgment on an appeal against the decision by the Office of Fair Trading ("OFT") on bid rigging in the construction industry dated 21 September 2009 (the "Decision") brought by GMI Construction Holdings Plc and GMI Construction Group Plc ("GMI Construction").

The OFT had fined GMI Construction a total of £1,752,584 for two infringements of the Chapter I prohibition under the Competition Act 1998 arising out of the OFT's cover pricing investigation.

The CAT quashed both findings of infringement and the fine. The CAT made a number of observations in relation to the nature of evidence that the OFT can rely upon when a finding of infringement is under appeal to the CAT.

The judgment is here.

Aidan Robertson QC acted for GMI Construction.

Kelyn Bacon and Tony Singla acted for the OFT.