The Competition and Markets Authority (CMA) has issued a clear reminder that attempts to obstruct a competition investigation can have serious consequences for both businesses and individuals. In a decision published on 24 September 2026, the CMA fined construction company M&J Group and two members of staff a total of £50,000 after evidence was deliberately removed from the premises during a dawn raid.
The CMA found that a work mobile phone and paperwork had been concealed from investigators, despite clear instructions that relevant material must be preserved and made available. Importantly, these penalties relate solely to the failure to comply with the CMA's investigatory powers and are separate from the underlying competition investigation itself, which is ongoing.
Higher fines and more risk for individuals
The case is notable because it includes the CMA’s first civil penalties imposed on individuals for concealing evidence during the course of an investigation. The CMA has previously fined only the company involved. In this case however, a fine of £20,000 was imposed on Barry Pirrie, M&J Group’s estimating director, and one of £5,000 on the office manager, as well as £25,000 on the company itself.
The CMA found that Mr Pirrie had instructed the office manager to remove a work mobile phone and documents from the premises and prevent investigators from accessing them. Mr Pirrie also told the investigators that he didn’t have a work phone at all. Although the material was later returned, the CMA has emphasised that even temporary concealment risks the loss of evidence and undermines the integrity of an investigation.
The decision also highlights the increasingly significant risks associated with procedural breaches following the expansion of the CMA's powers under the Digital Markets, Competition and Consumers Act 2024 (DMCCA). While the conduct in this case occurred before the new penalty regime under the DMCCA came into force, businesses should be aware that the CMA can now impose much larger penalties for failures to comply with investigative requirements, including fines of up to 1% of turnover and daily penalties of up to 5% of daily turnover. The message from the regulator is clear: cooperation with investigations is not optional, and businesses must ensure that employees understand what is expected of them from the moment inspectors arrive.
A sector in the spotlight
The construction sector should pay particular attention. The dawn raid took place as part of the CMA's investigation into suspected bid rigging involving 12 construction businesses. The CMA is examining allegations of collusion in relation to contracts awarded by both public and private sector bodies, including projects funded through the Department for Education's Condition Improvement Fund for schools. This case follows a sustained period of CMA scrutiny of the construction sector, which has featured prominently in cartel investigations, director disqualification cases and procurement-related enforcement activity in recent years. Businesses operating in construction, infrastructure, facilities management and related supply chains should assume that the sector remains firmly in the CMA's sights.
More broadly, organisations involved in public procurement should take note. The CMA has repeatedly identified bid rigging and tender manipulation as a priority enforcement area and has recently called for stronger action to detect, deter and punish collusion in public procurement. Companies bidding for public sector contracts should therefore ensure not only that they have robust competition compliance programmes in place, but also that their teams understand how to respond appropriately should the CMA arrive unannounced.
Would you and your staff know what to do in the event of a CMA dawn raid?
For some organisations, the greatest risk during a dawn raid may be an unprepared employee making a poor decision under pressure. As this case demonstrates, actions taken in the first few minutes of an inspection can have serious consequences for both individuals and the business.
Mills & Reeve’s competition team has extensive experience helping organisations prepare for competition authority inspections and investigations. We regularly support clients with dawn raid readiness programmes, including drafting dawn raid policies and guidance notes, conducting mock dawn raids, and delivering tailored training sessions for boards, senior management and employees.
We've also developed our dedicated M&R Dawn Raid app, which provides practical, step-by-step guidance on what to do if the CMA arrives at your premises, helping staff navigate the inspection process in a compliant way. The app is available to download free of charge from the App Store or Google Play Store - just search “M&R Dawn Raid app”.
If you would like to review your organisation's dawn raid procedures, test your current level of preparedness or arrange training for your teams, our competition law specialists would be happy to help.
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