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Mayo Waste

In January 2006, the Competition Authority received complaints alleging that competitors had agreed to divide up markets between them in the waste disposal industry across Mayo County, in breach of section 4 of the Competition Act.

Following a Competition Authority investigation, the DPP, in December 2008, initiated proceedings against Mr. Stanley Bourke, Bourke Waste Removal Limited, Mr. Patrick McGrath, Mr. Declan McGrath, McGrath Industrial Waste Limited, Mr. Paul Gleeson, Wheeley Environmental Refuse Services Limited T/A Wers Waste, and Mr. Padraig Hughes.

All of the defendants, except for Mr. Padraig Hughes, were charged with entering into an agreement between 24th August 2005 and 2nd September 2005, which had as its object the prevention, restriction or distortion of competition in the provision of domestic waste collection services in County Mayo (contrary to section 4(1) and 6 of the Competition Act 2002).

Mr. Padraig Hughes was charged with aiding and abetting the three waste businesses in the commission of the offence.

The eight defendants were tried before a jury at the Central Criminal Court sitting in Galway between 23rd June 2009 and 2nd July 2009.  The trial judge, Mr. Justice McKechnie, sent the case to the jury for deliberation.  All defendants were unanimously acquitted on all counts.

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Date Printed: 05 February 2012

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