NFRC Urges Members to Refresh Competition Law Awareness as CMA Investigation Continues
Earlier this year, the CMA confirmed that it had widened its probe into alleged anti-competitive conduct relating to roofing works originally linked to school projects funded through the Department for Education’s Condition Improvement Fund (CIF). The investigation now includes additional unnamed parties and may extend beyond CIF-funded projects.
At this stage, the CMA has emphasised that no conclusions have been reached and the investigation is ongoing.
However, during this time NFRC would like to once again remind Members of the importance of compliance, and the various resources which are available.
Practical Steps Members Should Take
1. Review Build UK’s Competition Law Guidance
Build UK has produced practical guidance on competition law in collaboration with the law firm Wedlake Bell. NFRC strongly recommends that Members download and familiarise themselves with this resource.
2. Avoid Discussing Commercially Sensitive Information
Do not discuss pricing, bids, clients, or future business plans with competitors at meetings, industry events, or informal gatherings.
3. Leave and Report Improper Discussions
If competitively sensitive information is discussed in a meeting with competitors, leave immediately and report the matter to the appropriate authority.
Contact the CMA: Tell the CMA about issues with a business, a market, or provide information about a new or existing case.
Cartels - come forward and apply for leniency: How to confess a cartel, the CMA’s leniency programme and what to expect if the cartel activity was in Scotland.
Report a competition or market problem: Tell the CMA about competition and consumer issues.
Make a whistleblower report: Use this service to tell the Competition and Markets Authority (CMA) about any suspected illegal activities or suspicious behaviour carried out by the business or organisation you are employed by or were previously employed by.
4. Ensure Internal Compliance
Company directors and managers should ensure their businesses have appropriate competition compliance procedures in place and that staff understand the rules. Advice for company directors on avoiding disqualification can be found here.
5. Seek Legal Advice if Unsure
If you believe you may have breached competition law, always seek independent legal advice immediately.
If you are an NFRC Member, login to your Member Portal to access your free legal helplines, provided by ARAG.
The Importance of Compliance for NFRC
Competition law is designed to ensure businesses compete fairly. Fair competition is one of the core principles of NFRC, which seeks to ensure work is awarded to compliant and competent contractors, instead of rogue traders and ‘cowboys’. Activities such as bid-rigging, price fixing, or sharing commercially sensitive information with competitors can constitute serious breaches of the law and undermine trust in the entire industry.
Trade associations also have responsibilities regarding competition law which we would like to again emphasise. Guidance from the CMA makes clear that associations must not facilitate discussions between members about pricing, customers, or future business plans, and must ensure members remain free to make independent commercial decisions. Before every committee and board meeting, NFRC ensures attendees understand this and provides ample opportunity for declarations of interest.
Having contacted the CMA to offer support and collaboration during the investigation, NFRC will continue reminding Members of the importance of complying with competition law.
NFRC condemns any form of bid-rigging or cartel behaviour. Ensuring fair competition is essential to strengthening trust in the roofing industry.
Nothing on this page constitutes legal advice and should not be relied upon as such.