The Competition Appeal Tribunal has handed down its judgment in respect of Keltbray’s appeal of the fine the contractor received as part of a Competition and Markets Authority probe into bid rigging and collusion in the UK demolition sector.
In disposing of the appeal, the Tribunal has increased the penalty payable by Keltbray from £16 million to £18 million.
Keltbray was one of 10 NFDC member companies fined a total of almost £60 million back in March 2023. Together with Squibb Group, Keltbray appealed the level of fine imposed upon it in May 2024.
Juliette Enser, Executive Director of Competition Enforcement at the Competition and Markets Authority, said:
“We are pleased that the Competition Appeal Tribunal (CAT) has increased the penalty Keltbray has to pay from £16 million to £18 million for their part in illegal bid-rigging in the form of cover bidding. This judgment confirms that serious breaches of competition law, including for cover bidding, will result in significant penalties.
The CAT agreed that, having appealed, Keltbray should lose the discount it received for settling. The CAT’s judgment confirms that companies will be held to their agreements – companies which settle cannot take the CMA to court and expect to retain their discounts.
Today’s decision should act as a reminder that the CMA will not tolerate unlawful conduct which harms competition and can keep prices up at the expense of businesses and taxpayers.”
