Competition and Consumer Protection Commission contests email seizure at Irish Cement Ltd

A dispute over the seizure of emails during a search of a cement plant by the Competition and Consumer Protection Commission has come before the High Court.

The case arises from an unannounced search by authorised officers of the Commission at Irish Cement Ltd’s (ICL) plant at Platin, Drogheda, Co Meath, on May 14. ICL, a subsidiary of CRH, is involved in production and supply of cement products.

The search, carried out under a search warrant granted by the district court, was conducted as part of an investigation into alleged anti-competitive practices in the bagged cement sector.

It is claimed that the officers seized electronic files within a crh.com email account of Seamus Lynch, managing director Ireland and Spain at CRH Europe.

ICL, CRH, and Mr Lynch have claimed, in proceedings against the Commission, that a significant portion of the emails are unrelated to the business and activity of ICL.

They also claim the Commission seized documents unrelated to any activity in connection with the business of supplying or distributing goods, or providing a service.

The documents in question fall outside of the scope of the search warrant, it is claimed. The claims are denied.

When the matter came before Mr Justice Max Barrett yesterday, he agreed to admit it to the High Court’s Competition List.

The case, expected to last four days, was adjourned to March. Both sides consented to the matter being admitted to the list, the court heard.

The plaintiffs want the court to make several declarations, including that the Commission acted outside its powers and outside the search warrant scope when it seized material unrelated to business at the premises at Platin.

The plaintiffs are also seeking other declarations and also claiming damages over the alleged breaches.