A SUBSIDIARY of one of the country’s biggest car dealerships and its two former directors have been fined €30,000 each for their role in a price-fixing cartel involving Citroen car dealers in Leinster.
Brian Smyth (51), of Castlelands, Balbriggan and Michael Patrick Gibbs (50), of Upper Carrickhill Road, Portmarnock, were also given a six-month suspended sentence from Judge Katherine Delahunt at Dublin Circuit Criminal Court.
Gowan Motors Parkgate Ltd, Parkgate Street, Dublin was a member of the Citroen Dealers’ Association which forbid members from going below certain prices when selling cars.
The company pleaded guilty to entering an agreement with others undertaking to attempt to prevent, restrict or distort competition in the motor vehicle trade by directly or indirectly fixing the selling prices of Citroen vehicles between July 1996 and May 2002 in Leinster. Smyth and Gibbs also pleaded guilty to authorising or consenting to the same offence.
The judge noted that the court could impose fines up to €3.8 million and sentences of two years but said “having been guided by recent High Court decisions in similar cases”, did not think a prison sentence would be appropriate.
She said she had also taken into account evidence from Gowan Motor’s accounts, that its turnover in 2007 was just over €15 million and that Gibbs’s and Smyth’s salaries were €122,000 and €168,000 respectively in the same year.
