This is a standalone scheme under the Companies Directors Disqualification Act 1986.

The Court is empowered to make a disqualification order against a director (or shadow director) who commits a breach of competition law in such a way that his conduct makes him unfit to be concerned in the management of a company.

This scheme was rarely used from its introduction but has increased since 2019. The proceedings are usually settled by a director disqualification undertaking and therefore formal case law is quite uncommon. For example, however, there was a 7-year disqualification in 2020 for a director being engaged in an anti-competitive price-fixing cartel [Competition and Markets Authority v Martin [2020] EWHC 1751 (Ch)].

What is relevant for a disqualification under this scheme is whether the relevant person was a director (or shadow / de facto director) and whether the company breached competition law. If these conditions are met, then the court must make a disqualification order. There is no minimum period for the disqualification, but the maximum is 15 years.

If you are under investigation by the Competition and Markets Authority for such potentially disqualifiable behaviour, we can assist you with your representations accordingly and any negotiations for settlement that follow on from this.

Sections 9A – 9E of the Company Directors Disqualification Act 1986:

https://www.legislation.gov.uk/ukpga/1986/46/crossheading/disqualification-for-competition-infringements