Cork businessman pleads guilty to price fixing

A Cork businessman pleaded guilty today to aiding or abetting in the illegal fixing of prices for Ford cars in Ireland – an offence under cartel legislation.

Denis Manning who is aged around 60 and from 11 Allendale Avenue, Melbourn Estate, Bishopstown, Cork, will be sentenced on February 9 at the Central Criminal Court sitting in Cork.

Defence senior counsel Tom Creed said in relation to the offence: “It had its genesis in trying to put together a price list that would keep heads above water. Unfortunately, it went slightly beyond that to enforcement which is not allowed under the Act."

Manning was arraigned on the charge of aiding and abetting the Irish Ford Dealers Association and its members to commit an offence, namely the implementation of an agreement which had as its objective the prevention, restriction or distortion of competition in the trade of motor vehicles in the State by directly or indirectly fixing the sale price of motor vehicles, between July 1 2002 and June 30 2003.

He replied, “Guilty.”

John Dolan, solicitor at the chief prosecutor’s office of the Director of Public Prosecutions, said a nolle prosequi would be entered in relation to the second charge which relates to a similar offence on an earlier date, in other words, indicating that there would be no prosecution on that charge.

Mr Creed said that he would be making a number of points in mitigation when the case comes up for sentencing next week, including the argument that the offence only related to the sale of new cars where there was no trade in of an older vehicle.

The senior counsel said that this related to a very small proportion of total annual car sales.

“All dealers are allowed to charge what they want where there is a trade in,” Mr Creed said.

Mr Justice Liam MacKechnie will hear the full background to the case on February 9 and Manning’s legal representatives will also have an opportunity to make whatever arguments they require in mitigation.