CRH subsidiary challenges competition authority searches

CRH subsidiary challenges competition authority searches
Published: 09 March 2016

Tagged Under: Anti-Trust CRH Irish Cement 

Irish Cement, a subsidiary of CRH, has brought a legal challenge to the seizure of certain emails of a senior CRH executive during a search as part of an investigation into alleged anti-competitive practices, according to a report in the Irish Independent.

The Competition and Consumer Protection Commission was not entitled to "essentially run riot" in the premises of Irish Cement at Platin, Co Meath, and just seize all material, regardless of relevance to the purpose of its search, Paul Sreenan SC told the High Court.

Irish Cement objected, as "a matter of principle", to the seizure and retention of emails of Seamus Lynch relating to his role within CRH but had no objection to the commission examining emails related to his previous role within Irish Cement, counsel said.

Mr Lynch left Irish Cement in June 2011 to join CRH and, when the search was carried out in May 2014, was managing director of CRH Europe (Ireland and Spain), counsel said.

The District Court warrant authorising the search only entitled the commission to seize documents related to Irish Cement, he argued.

Mr Sreenan was opening the challenge by Irish Cement, Mr Lynch and CRH arising from the unannounced search at Irish Cement's plant at Platin on 14 May 2014.