During 2004, the Competition Authority made a complaint to An Garda Síochána in relation to the failure by Mr. Pat Morgan, managing director of Tru Gas Limited, to appear before the Competition Authority in answer to a witness summons duly served upon him. The witness summons was issued under section 31 of the Competition Act, 2002. The Competition Authority was seeking information during the consultation process leading up to issuing a Declaration in the cylinder LPG market under section 4(5) of the Competition Act, 2002. 

The prosecution was brought by the Director of Public Prosecutions and the case was heard in the Dublin Metropolitan District Court on 22nd December 2005. The District Court Judge found that the facts were proven against Mr. Morgan.  Sentencing was put back to 6th February 2006 to allow Mr. Morgan time to comply with the Competition Authority’s witness summons and provide the information sought.

Pursuant to this order of court, Mr. Morgan complied with the witness summons

served on him by the Competition Authority and provided the Competition Authority with the information sought from him. On the 6th February 2006 Mr. Morgan was given the benefit of section 1(1) of the Probation Act by the District Court Judge.