Firm to please innocent to charge related to its contracting arm and refute fine related to company it sold in 2007
Contractor and developer Durkan is to appeal against the OFT's decision to fine it up to £6.7m before the deadline on Monday.
Building understands the firm is set to plead innocence of cover pricing over the single charge that related to its contracting arm, Durkan Ltd. Two other counts relate to a formerly related company, Durkan Pudelek, which it sold its 51% interest in during 2007.
According to detailed findings published by the OFT today, Durkan has already argued with the OFT that it never had any control over the Pudelek business, now renamed Concentra, and therefore should not be held liable for these infringements. £3.2m of the fine relates to this infringement, for which the OFT said in September it held Concentra and Durkan jointly liable.
Durkan, which has a turnover of £135m annually, was one of the hardest hit by the OFT's decision, comparative to its size. This is thought to be in part because it chose to contest the allegations.