Competition Law Compliance
Competition Law Compliance
Brown & Mason Group Limited (Brown & Mason) places great importance on retaining a set of core values and approaches relating to its business operations. Brown & Mason recognises its obligations to all those with whom it has dealings. The reputation of Brown & Mason and the trust and confidence of those with whom it deals are among its most vital resources, and the protection of these is of fundamental importance. Brown & Mason demands and maintains high ethical standards in carrying out its business activities. Strict compliance with competition law is therefore required, and anti-competitive practices will not be tolerated.
Brown & Mason is fully committed to competing fairly and in full compliance with the spirit and the letter of the law. Brown & Mason therefore has a competition law compliance policy (Policy) for the benefit of all staff, which has been fully endorsed by the Board. The Policy will be reviewed annually unless it is required to be updated sooner (e.g. as a result of legislative changes)
All directors and employees of Brown & Mason are required to comply with competition law at all times. Furthermore, individuals are encouraged to report any behaviour they become aware of, where they have concerns that it may breach the competition rules. This can be done by contacting the Competition Compliance Officer (whose details are contained in the Policy) or via Brown & Mason’s Whistleblower Policy.
Please click the link below to view the Policy.
IMPORTANT NOTICE: The sector in which Brown & Mason provides its services has been the subject of a number of competition law investigations over the last 20 years, and this may continue to happen unless past practices change for the better. Indeed, Brown & Mason – alongside other contractors – has previously been the subject of a competition investigation. However, Brown & Mason is absolutely committed to driving better industry practices and to sharing relevant sector guidance – developed by the UK’s Competition and Markets Authority (CMA) – to encourage and enable competition law-compliant behaviours. Brown & Mason would therefore encourage all industry professionals to familiarise themselves and colleagues with the information set out in the following CMA guidance documents (links below):
- Avoiding collusion in construction: advice for project directors and managers – GOV.UK (www.gov.uk)
- Concrete companies: construction cartel – Case study – GOV.UK (www.gov.uk)
On 19 May 2023, the Competition and Markets Authority accepted a Competition Disqualification Undertaking (the Undertaking) from Mr Nick Brown, a director of Brown & Mason, to commence on 28 July 2023. This was a consequence and followed the conclusion of the above-mentioned competition investigation. A copy of the Undertaking may be found here:
Under section 17 of the Company Directors Disqualification Act 1986, an individual who is subject to a Competition Disqualification Undertaking may, notwithstanding having given such an undertaking, apply to the Court for permission to continue to act as a director or otherwise be concerned in the management of a company.
On 21 September 2023, subject to a series of conditions, the Court issued a second interim order (Order), which as a result of the hearing on 19 September 2023 being adjourned until 10 October 2023 to allow time for the conclusion of submissions, extended Mr Brown’s interim permission to continue to act as a director, and take part in the management, of Brown and Mason Group Limited (and its parent, NRLB Limited) pending final judgment (reserved) in respect of Mr Brown’s substantive application. A copy of the Order from the Court may be found here: