Analysis: The charges against Ford car dealer Denis Manning brought yesterday in the Cork District Court arise from an inquiry conducted by the Competition Authority and the Garda Bureau of Fraud Investigation (GBFI) some time ago, writes Colm Keena, Public Affairs Correspondent
In mid-2005 a number of files were sent to the office of the Director of Public Prosecutions (DPP), one of which concerned Mr Manning and led to yesterday's charges.
The other files related to a number of different car marque dealers. Whether further charges will be imposed against other parties in the future, arising from the other files, is not known.
Criminal charges for breaches of competition law are very rare. In the EU, only the Republic, the UK and Estonia have criminal breaches of competition law on the statute books.
In most states such matters are dealt with in the civil courts and fines can be imposed. In this State the only option for cases where penalties may be warranted is the criminal route. In the civil courts "cease and desist orders" can be sought, but no fines can be imposed for breaches of competition law.
The Competition Authority has called for this situation to be changed.
In most EU states infringements of competition law are punished by way of fines imposed by the civil courts.
In January 2004 this newspaper reported that a number of car dealers had been raided as part of an ongoing inquiry by the Competition Authority and the GBFI, into possible price-fixing in the car sector.
Dealers whose premises had been raided said there was no price cartel in operation.
A man who acted for a number of car dealer associations and had his home raided, also said he had "nothing to hide".
He was not involved with the Ford marque.
The case in Cork may be heard in the Circuit Criminal Court.
The charges against Mr Manning span the period before and after the 2002 Competition Act, with the charge dealing with the period prior to 2002 being brought under the 1996 Competition Act.
The waiting list for hearings in the Cork Circuit Criminal Court is currently four to six months.
Earlier this year in Galway the first competition law case heard before a jury took place, in relation to the fixing of prices for home heating oil. The jury convicted the defendant.
Persons convicted of competition law offences may be subsequently restricted from operating as company directors by the Office of the Director of Corporate Enforcement.
The Competition Authority and the DPP operate an immunity programme whereby persons who may have committed competition offences can come forward and seek immunity.
The "whistleblower" scheme can provide up to 100 per cent immunity.
