In October 2008, the Competition Authority initiated summary proceedings in Athenry District Court against John Joe McNicholas trading as John Joe McNicholas Plant Hire, Oliver Dixon, and Oliver Dixon (Hedgecutting & Plant Hire) Limited.  The defendants were alleged to have entered into an illegal agreement relating to a tender for vegetation clearance services by Iarnród Eireann/Irish Rail, in breach of section 4 of the Competition Act 2002.

The District Judge refused jurisdiction. In the Judge’s view the case was not a minor one, and therefore the District Court lacked jurisdiction to try the matter.  He sent the matter forward for trial at the Central Criminal Court.  

In the Central Criminal Court, the case was adjourned due to an earlier ruling by the Supreme Court in the judicial review of an unrelated case, Reade -v- Judge Reilly & The Director of Public Prosecutions.  The Reade case affected the jurisdiction of the Central Criminal Court to hear certain cases (including the instant case) because of the way they had been sent forward for trial by the District Court.  

On 25th January 2010 the DPP entered a nolle prosequi on the indictments as a result of the Reade case.  Subsequently the DPP decide to reinstitute proceedings against the accused in the District Court, and the case was then sent forward for trial in the Central Criminal Court, sitting in Dublin.  The trial commenced on Thursday 19 May 2011 and ran for 7 days until Friday evening, 27 May.  The Judge (Mr. Justice John Cooke) having heard submissions by the defence, decided there was a case to answer and sent it to the jury for its consideration. The jury deliberated on the case for almost 3 hours and returned a not guilty verdict.