The Office of Fair Trading is considering appealing against today’s ruling to slash the size of fines it handed out to six contractors for cover pricing.
Kier saw its fine reduced from in excess of £17m to just £1.7m as all six appealants’ fines were reduced by the Appeal Commission Tribunal.
But the OFT can question that decision in the Court of Appeal – it needs either the CAT’s permission or the Court of Appeal’s permission.
The OFT said: “Today’s judgment was limited to the level of penalty for these six companies, who did not challenge our finding that they engaged in illegal cover pricing, in breach of competition law.
“The right to appeal against the OFT’s decisions in Competition Act cases is an integral part of the competition regime and an important safeguard for parties.
“The OFT will consider this judgment in detail, alongside those in the 19 other construction cases yet to be determined, and will consider whether it should appeal to the Court of Appeal.
“Financial penalties play a key role in deterring the companies involved, and other businesses, from breaching competition law. The OFT will consider whether the judgment has any implications for its practices and policies for ensuring a high level of compliance with competition law in the future.”