In 2007 the DPP preferred charges against six Citroën dealerships and seven individual officers and directors of those undertakings, alleging that they had agreed to fix prices and to implement those agreed prices on the sales of Citroën cars, contrary variously to section 4 of both the Competition Act 2002 and section 4 (1) of the Competition Act 1991 and sections 2 and 3(4)(a) of the Competition (Amendment) Act 1996.
The DPP also preferred charges against the Secretary of the Citroën Dealers Association alleging that he had aided and abetted the alleged price fixing agreements by dealers.
In total 14 convictions, comprising eight individuals and six undertakings, were secured by the DPP in relation to this investigation.
- In 2008 two individuals and two companies pleaded guilty to the price fixing charges and were convicted and sentenced in the Circuit Criminal Court.
- In 2009 five individuals and four undertakings pleaded guilty to the price fixing charges and were convicted and sentenced in the Dublin Circuit Criminal Court and Central Criminal Court.
- The Secretary of the Citroën Dealers Association pleaded guilty to the offence of aiding and abetting the commission of the offence of price fixing and was convicted and sentenced in the Central Criminal Court.
A summary of these cases is set out in table below.
The judgment of in the Citroen Dealers Association case, DPP v Patrick Duffy & Duffy Motors (Newbridge) Limited, was released on 7th May 2009 by Mr Justice McKechnie . Sentencing in the case took place on 23rd March 2009. The judgment is available here.
Earlier during this investigation, an issue arose on the process involved in applying to the District Court for the retention of documents seized during searches under section 45 (6) of the Competition Act 2002. The matter was reviewed in the High Court in the case of The Competition Authority v District Judge Hugh O'Donnell and a copy of that decision can be found here. Section 45 (6) of the Competition Act 2002 was repealed by section 76 of the Investment Funds, Companies and Miscellaneous Provisions Act 2005.
| Defendant |
Sentencing Date |
Sentence |
| James Durrigan & Sons Limited |
8th May 2008 |
€12,000 fine |
| James Durrigan |
8th May 2008 |
3 months prison sentence – suspended for 2 years |
| Ravenslodge Trading Limited T/A Jack Doran Motors |
28th October 2008 |
€20,000 fine |
| Jack Doran |
28th October 2008 |
3 months prison sentence – suspended for 5 years |
| Duffy Motors (Newbridge) Limited |
23rd March 2009 |
€50,000 fine |
| Patrick Duffy |
23rd March 2009 |
6 months and 9 months prison sentences – suspended for 5 years
Total of €50,000 fines |
| Bursey Peppard Limited |
3rd April 2009 |
€80,000 fine |
| James Bursey |
3rd April 2009 |
6 months and 9 months sentences – suspended for 5 years;
Total of €80,000 fines. Prison term of 28 days imposed for non-payment of the fine
|
| Finglas Motors (M50) Limited |
17th June 2009 |
€35,000 fine |
| Bernard Byrne |
17th June 2009 |
9 months prison sentence – suspended for 1 year
€2,000 fine. |
| Gowan Motors (Parkgate) Limited |
22nd June 2009 |
€30,000 fine |
| Michael Patrick Gibbs |
22nd June 2009 |
6 months prison sentence – suspended for 3 years
€30,000 fine. |
| Brian Smyth |
22nd June 2009 |
6 months prison sentence – suspended for 3 years
€30,000 fine. |
| John McGlynn |
27th November 2009 |
6 months and 9 months prison sentences – suspended for 5 years
€30,000 fine |