High Court imposes limits in CRH probe

The Competition and Consumer Protection Commission cannot use certain materials, including emails of a senior executive of cement giant CRH, seized as part of an investigation into alleged anti-competitive practices, the High Court has ruled.

The materials were taken by officers of the Commission following an unannounced ‘dawn raid’ at the Irish Cement Limited, which is a subsidiary of CRH, plant at Platin, Co Meath, near Drogheda, on May 14, 2014.

Mr Justice Max Barrett yesterday ruled the Commission was not entitled to take or use certain materials seized.

The search was conducted as part of an investigation into alleged anti-competitive practices in the production and supply of bagged cement products in the State.

The raid was carried out after the Commission obtained a search warrant. When seeking the warrant the Commission told the District Court it had formed the opinion ICL, from January 2011 to the date the warrant was sought, may have engaged in abuse of a dominant position in relation to the supply of bagged cement.

In proceedings brought by ICL, CRH, and Seamus Lynch, a senior executive within the CRH group — arising out of the raid — it was claimed the Commission’s officers were not entitled to seize, retain, or trawl through any electronic files within a crh.com email account of Mr Lynch, which were unrelated to the business and activity of ICL.

Mr Lynch left ICL in 2011 to join CRH. When the search was carried out he was MD of CRH Europe (Ireland and Spain). The warrant authorising the search only entitled the commission to seize documents related to ICL.

The case was adjourned to allow the sides consider the court’s decision.