High Court Grants Director Partial Exemption From CMA Disqualification Undertaking

On 25 May 2023, the High Court ordered that an individual disqualified by the Competition and Markets Authority (CMA) may continue as the director of Cantillon, a construction company fined £1.92 million for its involvement in a bid-rigging cartel.

The High Court’s Order—which was opposed by the CMA—is the fourth time since 2019 that the Court has granted an exemption from a director disqualification undertaking obtained by the CMA.

In handing down the Order, the Court commented that permitting Paul Cluskey (Applicant) to continue as director of Cantillon would not “take the teeth away” from the CMA’s director disqualification regime, and noted that both the Applicant and Cantillon would remain subject to extensive competition law compliance measures.

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