CMA issues first dawn raid fines for individuals

Nothing should be hidden from the CMA during an unannounced inspection. Businesses, and their employees, must preserve evidence, cooperate fully and provide accurate information from the moment investigators arrive. The CMA’s imposition of £50,000 in penalties against M&J Group and two of its employees, shows that even attempts to remove documents or devices can result in both personal and corporate liability, regardless of whether the items were subsequently returned. In this article, we’ll be looking at:

• The CMA’s investigatory powers
• The consequences of non-compliance
• The practical steps businesses should take to ensure their dawn raid procedures are fit for purpose

CMA investigation background

The CMA launched an investigation on 10 December 2024 into 12 companies specialising in roofing and construction services, for allegedly planning to rig bids for contracts funded through the Government’s Condition Improvement Fund, which is awarded annually by the Department for Education to support schools with buildings in poor condition. As part of that investigation, the CMA carried out unannounced inspections at several business premises to gather physical and digital evidence.

M&J Group dawn raid inspection

Once the inspection of the M&J Group premises was underway and the CMA had explained the company’s obligations set out in the warrant for the inspection, the CMA asked M&J’s Estimating Director, Barry Pirrie, to provide ‘any documents relevant to the investigation’ and ‘to inform them whether he used a work mobile phone’. Mr Pirrie denied that he had a work mobile phone, it however transpired that Mr Pirrie had instructed M&J’s Office Manager, Tracey Woods, to remove a work mobile phone and paperwork from the business premises so that the evidence would not be found by CMA investigators.

The items removed by Ms Woods from the site were returned and handed over to the CMA later that day; however, the CMA nevertheless considered the conduct serious as even temporary concealment risked the loss of relevant information and wasted investigative time and resources.

Penalties imposed

On 24 September 2026, the CMA imposed fixed penalty fines totalling £50,000: £25,000 on M&J Group, £20,000 on Barry Pirrie and £5,000 on Tracey Woods. The penalties were imposed for failures to comply with investigatory requirements, concealing evidence and falsifying statements. The CMA has not yet reached a decision on whether any of the 12 companies breached competition law originally. The individual penalties demonstrate the CMA’s willingness to hold employees personally accountable, deter similar conduct and reinforce employee compliance with its investigatory requirements.

CMA enhanced penalties

From 1 January 2025, changes introduced by the Digital Markets, Competition and Consumers Act 2024 increased the potential penalties for businesses that fail to comply with CMA investigative requirements. A business may now face a fixed penalty of up to 1% of turnover, a daily penalty of up to 5% of daily turnover, or both. Given that the raid of M&J Group took place in December 2024, it narrowly missed these enhanced penalties.

Our advice

Businesses should ensure that their staff are trained in how to respond to and manage an unannounced inspection by the CMA (and other relevant authorities). In particular, it is critical that no relevant information, documents, devices and other materials should be removed, deleted, concealed or moved once an inspection is underway.

Reception and facilities staff must understand what to do in the event of a dawn raid, who to contact, and all staff must be aware of the company’s and their own individual obligations.

The key message is that inspection readiness is a live compliance issue and your staff at all levels need clear training on how to respond if the CMA arrives on site.

Dawn raid protocols – how can we support you?

This case is a clear reminder that your compliance during a CMA inspection is not simply a matter for senior management or legal teams. The conduct of individual employees can expose both the business and the individuals themselves to financial penalties. The CMA expressly treated these penalties as a deterrent, signalling that it will act where evidence is hidden, removed or misrepresented during an investigation. Your business should have dawn raid protocols that are practical, accessible and understood by all employees on site. We can provide up to date training to your employees and business as a whole to mitigate the risk that if investigated, additional fines are imposed.