Hiding Evidence Now Poses Even Greater Risks, Warns Lawyer

Following news today that the Competition and Markets Authority (CMA) has fined M&J Group Construction and Roofing, and its staff, partner Ian Giles, EMEA Head of Antitrust and Competition at global law firm Norton Rose Fulbright, comments:

“These penalties should serve as a reminder – both for individuals and businesses – about the risks of failing to comply with a dawn raid. Hiding evidence, even for only a matter of hours, can lead to sizeable fines.

“This is, notably, the first time the CMA has fined individuals for concealing evidence and seems likely to mean that fining relevant individuals, as well as their employer, will become the CMA’s standard practice for such conduct.

Greater Risks

“The financial risks for companies are also greater now. Had the dawn raid been carried out a few weeks later, M&J Group could have faced a much higher turnover-based penalty under new powers introduced in January 2025.

“There may be further administrative penalties to come in this case. The CMA obtained a warrant to raid the home of the managing director of one of the parties last November after learning he used his personal phone for work purposes – contrary to what he said when they raided his employer’s business premises.

“The name of that individual and his employer have not been revealed, but he does not appear to be one of the people fined today.

Ian concludes, “This investigation concerns an important strategic priority for the CMA – bid rigging and public procurement.”

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