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Citroën Dealers Association Cartel

ClosedCartel
Case details
  • Open date:1 January 2002
  • Close date:27 November 2009
  • Publication date:27 November 2009
  • Relevant legal provision:Section 4/Article 101
  • Status details:Closed
  • Outcome:Conviction
  • Procedure:Criminal
Documents
Parties Involved
James Durrigan & Sons Limited
James Durrigan
Ravenslodge Trading Limited T/A Jack Doran Motors
Jack Doran
Duffy Motors (Newbridge) Limited
Patrick Duffy
Bursey Peppard Limited
James Bursey
Finglas Motors (M50) Limited
Bernard Byrne
Gowan Motors (Parkgate) Limited
Michael Patrick Gibbs 
Brian Smith
John McGlynn
Outline of the Case

Outcome of investigation

In total 14 convictions, comprising eight individuals and six undertakings, were secured by the Director of Public Prosecutions (DPP) in relation to an investigation conducted by the Competition Authority (Authority), from the mid-1990’s to 2007, involving a price fixing cartel in the sale of Citroën cars.

The case

Arising out of a series of investigations into car dealerships that involved various brands of car in the mid-1990’s, the Authority opened a case around 2002. The case focused on Citroën dealerships. A series of complaints formed the groundwork and came from identified and anonymous sources, as well as the assistance of an immunity applicant.

The allegations centred on price-fixing, in particular a collusion to fix prices of new Citroën vehicles, second hand cars, accessories including metallic paint options and delivery charges. The agreement was policed by the Secretary of the Citroën Dealers Association who closely monitored participant-members prices.

In 2007 the DPP preferred price fixing charges against the named dealerships, individual officers and directors of the Citroen dealerships. In addition, the DPP preferred charges of aiding and abetting the commission of the offence of price fixing against the Secretary of the Citroën Dealers Association.

Read the judgment in the Citroën Dealers Association case, DPP v Patrick Duffy & Duffy Motors (Newbridge) Limited of 7 May 2009.

Table of cases below:

 

DefendantStatusDate SentencedResult
James Durrigan & Sons LimitedPleaded guilty in the Circuit Criminal Court to the price fixing charges08/05/2008€12,000 fine
James DurriganPleaded guilty in the Circuit Criminal Court to the price fixing charges08/05/2008Three months prison sentence – suspended for two years
Ravenslodge Trading Limited
T/A Jack Doran Motors
Pleaded guilty in the Circuit Criminal Court to the price fixing charges28/10/2008€20,000 fine
Jack DoranPleaded guilty in the Circuit Criminal Court to the price fixing charges28/10/2008Three months prison sentence – suspended for five years
Duffy Motors (Newbridge) LimitedPleaded guilty in Dublin Circuit Criminal Court to the price fixing charges23/03/2009€50,000 fine
Patrick DuffyPleaded guilty in Dublin Circuit Criminal Court to the price fixing charges23/03/2009Six months and nine months prison sentences – suspended for five years. Total of €50,000 fines
Bursey Peppard LimitedPleaded guilty in Dublin Circuit Criminal Court to the price fixing charges03/04/2009€80,000 fine
James BurseyPleaded guilty in Dublin Circuit Criminal Court to the price fixing charges03/04/2009Six months and nine months sentences – suspended for five years.
Total of €80,000 fines. Prison term of 28 days imposed for non-payment of the fine
Finglas Motors (M50) LimitedPleaded guilty in Dublin Circuit Criminal Court to the price fixing charges17/06/2009€35,000 fine
Bernard ByrnePleaded guilty in Dublin Circuit Criminal Court to the price fixing charges17/06/2009Nine months prison sentence – suspended for one year. €2,000 fine.
Gowan Motors (Parkgate) LimitedPleaded guilty in Dublin Circuit Criminal Court to the price fixing charges22/06/2009€30,000 fine
Michael Patrick GibbsPleaded guilty in Dublin Circuit Criminal Court to the price fixing charges22/06/2009Six months prison sentence – suspended for three years. €30,000 fine.
Brian SmythPleaded guilty in Dublin Circuit Criminal Court to the price fixing charges22/06/2009Six months prison sentence – suspended for three years. €30,000 fine.
John McGlynnPleaded guilty in the Central Criminal Court to aiding and abetting the commission of the offence of price fixing27/11/2009Six months and nine months prison sentences – suspended for five years. €30,000 fine

Relevant provision

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