CMA: M&J Group Penalties for Investigatory Requirements Failure

• The CMA imposed penalties on M&J Group (Construction & Roofing) Ltd and two employees on September 24, 2026, for failing to comply with investigatory requirements.
• These penalties, finalized on September 17, 2026, were issued under Section 40A(1) of the Competition Act 1998 following a warrant executed under Section 28.
• The action is part of a wider CMA investigation, launched December 10, 2024, into suspected bid-rigging in UK roofing and construction services for schools and other public and private sector bodies.
• Companies under investigation are legally obligated by Section 25B of the Competition Act 1998 to preserve all relevant documents, with non-compliance carrying potential fines.
• The CMA's investigation, which expanded in January 2026, is ongoing, and no final determination of competition law infringement has yet been made.

The Competition and Markets Authority has underscored the critical importance of adhering to its investigatory requirements by imposing penalties on M&J Group (Construction & Roofing) Ltd and two of its employees.

The Competition and Markets Authority (CMA) has taken decisive action against M&J Group (Construction & Roofing) Ltd and two of its employees, imposing penalties on September 24, 2026. These sanctions, with final decisions issued on September 17, 2026, stem from the company's and individuals' failure to comply, without reasonable excuse, with investigatory requirements. The requirements were mandated by CMA officers during the execution of a warrant issued under Section 28 of the Competition Act 1998 (CA98), with the penalties themselves levied under Section 40A(1) of the same Act.

This enforcement action is part of a broader CMA investigation into suspected anti-competitive conduct within the UK construction sector, specifically concerning the supply of roofing and other construction services. The probe, which commenced on December 10, 2024, initially focused on alleged bid-rigging in connection with services provided to schools eligible for funding from the Department for Education’s Condition Improvement Fund (CIF). In January 2026, the CMA expanded the scope of its inquiry to include additional parties and a wider range of services, now encompassing bid-rigging in relation to both public and private sector bodies, including schools.

As of June 30, 2026, several businesses remain under investigation. It is crucial to note that at this stage, no assumption should be made regarding any infringement of the CA98. The CMA has not yet determined if there is sufficient evidence of a competition law breach to issue a statement of objections to any of the parties involved, and not all cases ultimately lead to such a statement.

The penalties against M&J Group underscore the stringent legal obligations placed upon entities and individuals during a CMA investigation. A cornerstone of these obligations is the CMA duty to preserve documents, as outlined in Section 25B of the CA98. This provision mandates that anyone who knows or suspects that the CMA is conducting an investigation under the Act must preserve all relevant documents, which includes any information recorded in any form.

Specifically, Section 25B prohibits individuals from falsifying, concealing, destroying, or otherwise disposing of any document they know or suspect to be relevant to the investigation, or from causing or permitting such actions. Failure to comply with this duty, without reasonable excuse, can result in significant fines imposed by the CMA. The M&J Group Competition Act non-compliance with investigatory requirements highlights the serious consequences for businesses that do not adhere to these statutory duties.

This legal framework is designed to ensure the integrity of the CMA's investigative process, particularly in complex cases involving suspected anti-competitive conduct construction UK. The CMA also confirms its authority to collect, use, and share personal data for its investigations, including those under the CA98, in full compliance with the UK General Data Protection Regulation and the Data Protection Act 2018.

The Competition and Markets Authority has underscored the critical importance of adhering to its investigatory requirements by imposing penalties on M&J Group (Construction & Roofing) Ltd and two of its employees. This action serves as a powerful reminder to all companies operating in the UK construction sector, particularly those involved in public contracts, of the need for robust competition compliance programs and strict adherence to regulatory mandates.

While the broader investigation into suspected bid-rigging in construction services UK is ongoing, and no final determination of infringement has been made, the M&J Group penalties for non-compliance with investigatory requirements send a clear message. Businesses must be prepared to fully cooperate with CMA inquiries, understanding that procedural breaches can lead to immediate and substantial sanctions, irrespective of the ultimate outcome of the substantive competition law allegations.

Should the CMA proceed to issue a statement of objections, the addressee(s) will be afforded an opportunity to make both written and oral representations before any final decision is reached. This structured process, however, does not diminish the immediate and ongoing obligation to comply with all investigatory demands, including the crucial duty to preserve documents, from the moment an investigation is known or suspected.

Lawyers and compliance officers must advise clients in the UK construction sector, particularly those involved in public contracts, to review their competition compliance programs for bid-rigging risks. Crucially, they should ensure strict adherence to CMA investigatory requirements, including the duty to preserve documents under Section 25B of the Competition Act 1998, as non-compliance can lead to significant penalties as demonstrated by the M&J Group case.

Source: Original reporting via GOV.UK