A man in his 60s yesterday became the first person in the Republic to be charged in connection with alleged price-fixing in the motor trade under competition legislation aimed at preventing the operation of cartels, writes Barry Roche
Denis Manning of 11 Allendale Avenue, Melbourne Estate, Bishopstown, Cork appeared at Cork District Court yesterday on two charges following an investigation initiated by the Competition Authority in 2003 into the prices being charged for Ford cars.
Mr Manning was charged with aiding and abetting the Irish Ford Dealers Association and its members in implementing an agreement aimed at preventing, restricting or distorting competition in the motor trade so as to directly or indirectly fix the selling price of cars.
He was charged with committing one offence between May 24th, 2001 and June 30th, 2002 contrary to Section 4(1) of the Competition Act 1991 as amended by Section 2 of the Competition Amendment Act 1996 and contrary to Section 7(1) of the Criminal Law Act 1997.
He was also charged with committing a second such offence between July 1st, 2002 and June 30th, 2003 contrary to Section 4(1) and Section 6 of the Competition Act 2002 and contrary to Section 7(1) of the Criminal Law Act 1997.
Yesterday at Cork District Court, solicitor Seamus Cassidy of the chief prosecution solicitor's office attached to the office of the Director of Public Prosecutions (DPP), told Judge John O'Neill that the DPP had directed that the matter be dealt with by indictment.
He said that he was seeking an adjournment by consent until June 21st to allow service of the book of evidence against Mr Manning. Barrister for Mr Manning, Tim Harley, indicated his client's consent and Judge O'Neill adjourned the matter.
Under the earlier legislation, persons to be tried on indictment for anti-competition offences were dealt with at circuit court level, but the Competition Act 2002 allows for people charged with such offences to be tried at the Central Criminal Court.
Under the Competition Act 2002, conviction following trial by indictment carries a fine of €4 million or 10 per cent of the individual's turnover in the previous financial year ending 12 months prior to conviction and/or up to five years imprisonment.
