CMA fines construction firm and staff for concealing evidence during inspection

The Competition and Markets Authority (CMA) has fined construction firm M&J Group and 2 staff members a total of £50k for hiding a mobile phone and documents during an inspection, in breach of clear instructions. 

The CMA carried out the inspection on the M&J business premises, alongside inspections of several other businesses, under a court warrant as part of its investigation into 12 construction companies suspected of bid rigging.  

The CMA is examining whether these companies illegally colluded when bidding for contracts awarded by both private and public sector bodies, including projects funded through the Department for Education’s Condition Improvement Fund (CIF). The scheme awards millions of pounds each year to help schools repair and improve buildings, ensuring premises are safe for pupils and staff.  

Today’s penalties concern failures to comply with the CMA’s investigatory requirements and are separate to any findings from the competition investigation, which remains ongoing and no assumptions should be made as to whether competition law has been broken. 

During the inspection, M&J’s Estimating Director, Barry Pirrie, instructed M&J’s Office Manager, Tracey Woods, to remove a work mobile phone and paperwork from the company’s premises to prevent the evidence from being found by CMA investigators. Mr Pirrie also falsely told CMA officers that he did not have a work mobile phone. 

The items were brought back and handed over later that day. However, concealing the evidence, even temporarily, risked the loss of relevant information, and wasted valuable investigative time and resource.

Under the CMA’s enhanced enforcement powers, which came into force in January 2025, businesses that fail to comply with CMA investigative requirements may face higher penalties for noncompliance – fixed penalties of up to 1% of turnover, daily penalties of up to 5% of daily turnover, or both.