Competition And Markets Authority v Martin [2020] EWHC 1751 (Ch) (03 July 2020)

Competition And Markets Authority v Martin [2020] EWHC 1751 (Ch) (03 July 2020)

Mr Martin, as director, was aware of and failed to prevent Berrymans' participation in a price-fixing cartel, falling below the standards required for company directors. The statutory conditions for disqualification under section 9A CDDA are satisfied. The mandatory requirement to disqualify is not disproportionate under Article 8 ECHR, given the availability of leave under section 17 CDDA.

Citation
[2020] EWHC 1751 (Ch)
Parties
Claimant: Competition and Markets Authority; Defendant: Michael Christopher Martin
Jurisdiction
England and Wales
Judgment Date
03 July 2020
Procedural Posture
Director Disqualification Claim / Final Judgment
Outcome
Director disqualification order granted against Michael Christopher Martin under section 9A CDDA.
Legal Topics
Director Disqualification, Cartel, Anti Competitive Agreements, Price Fixing, Corporate Governance
Competition Law Company Law Director Disqualification Cartel Anti Competitive Agreements Price Fixing Corporate Governance

Case Brief

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Parties

Competition and Markets Authority

Claimant

Michael Christopher Martin

Defendant

Procedural Posture

Director Disqualification Claim / Final Judgment

Legal Issues

  1. 1 Whether Mr Martin's conduct as director makes him unfit under section 9A CDDA
  2. 2 Whether Mr Martin contributed to or failed to prevent anti-competitive conduct
  3. 3 Interpretation of section 9A CDDA in light of Article 8 ECHR

Ratio Decidendi

Mr Martin, as director, was aware of and failed to prevent Berrymans' participation in a price-fixing cartel, falling below the standards required for company directors. The statutory conditions for disqualification under section 9A CDDA are satisfied. The mandatory requirement to disqualify is not disproportionate under Article 8 ECHR, given the availability of leave under section 17 CDDA.

Court Disposition

Director disqualification order granted against Michael Christopher Martin under section 9A CDDA.

Orders

  • Michael Christopher Martin disqualified from acting as director or in management of a company unless leave of court is obtained pursuant to section 17 CDDA.