DPP v Patrick Duffy and Another
Jurisdiction | Ireland |
Judge | Mr. Justice William M. McKechnie |
Judgment Date | 23 March 2009 |
Neutral Citation | [2009] IEHC 208 |
Court | High Court |
Docket Number | [Bill No. 34 of 2008 C.C.] |
Date | 23 March 2009 |
[2009] IEHC 208
THE CENTRAL CRIMINAL COURT
BETWEEN
AND
COMPETITION ACT 1991 S4(1)
COMPETITION (AMDT) ACT 1996 S2
COMPETITION (AMDT) ACT 1996 S3(4)(A)
TREATY OF ROME 1957 ART 81
TREATY OF ROME 1957 ART 82
COMPETITION (AMDT) ACT 1996 S3(1)(B)
COMPETITION ACT 2002 S8
COMPETITION ACT 2002 S11
DPP v MANNING UNREP MCKECHNIE 9.2.2007 (EX TEMPORE)
WHELAN A PRINCIPLED ARGUMENT FOR PERSONAL CRIMINAL SANCTIONS AS PUNISHMENT UNDER EC CARTEL LAW 2007 4 COMP L REV 7
CITY OF LAFAYETTE v LOUISIANA POWER & LIGHT CO 1978 435 US 389
TREATY OF ROME 1957 ART 83(2)(A)
TREATY OF ROME 1957 ART 81(1)
EEC REG 1/2003 ART 23(2)(A)
ACF CHEMIEFARMA NV v EUROPEAN CMSN 1970 ECR 661
GENERAL MOTORS CONTINENTAL NV v EUROPEAN CMSN 1975 ECR 1367
FAULL & NIKPAY EC LAW OF COMPETITION 2ED 2007
R v WHITTLE, ALLISON & BRAMMAR 2009 1 LLOYD'S REP FC 772008 EWCA CRIM 2560
ENTERPRISE ACT 2002 S188 (UK)
ENTERPRISE ACT 2002 S190 (UK)
O'MALLEY SENTENCING LAW & PRACTICE 2ED 2006 PARA 2.11
COMPETITION (AMDT) ACT 1996 S3(1)
DPP v ROSEBERRY CONSTRUCTION LTD 2003 4 IR 338 2003/20/4492
SAFETY HEALTH & WELFARE AT WORK ACT 1989
COMPANIES ACT 1990 S160
CONROY v AG & ANOR 1965 IR 411
DPP v REDMOND 2001 3 IR 390 2000/8/3164
DPP v Y (N) 2002 4 IR 309 2002/10/2326
ENRIGHT v IRELAND & AG 2003 2 IR 3212004 1 ILRM 103
KENNEDY v MENDOZA-MARTINEZ 1963 372 US 144
COMPETITION (AMDT) ACT 1996 S3
MCMAHON v LEAHY 1984 IR 525 1985 ILRM 422
CONSTITUTION ART 40.1
CRIMINAL LAW
Sentence
Competition law - Offences - Sentencing principles - Purpose of sentence - Deterrence - Mitigating Factors - Imposition of custodial sentence - Equality before law - Requirement of equivalence of penalty for equivalent offences - McMahon v Leahy [1984] IR 525 followed; People (DPP v Roseberry Construction Ltd [2003] 4 IR 338 considered - Constitution of Ireland 1937, Article 40.1 - Competition Act 1991 (No 24), s 4 - Competition (Amendment) Act 1996 (No 19), ss 2 and 3 - Sentence imposed (34/2008 - Mckechnie J - 23/3/2009) [2009] IEHC 208
People (DPP) v Duffy
Facts: The defendants were charged with offences pursuant to s. 4(1) Competition Act 1991 and s. 2 Competition (Amendment) Act 1996, arising from an investigation by the Competition Authority into the activities of the Citroen (Car) Dealers Association, where the defendants were involved in entering and implementing by its object a price- fixing agreement. The defendant director had pleaded guilty to the charges. The association had employed mystery shoppers to police their agreements and breaches resulted in fines. The association had existed for approximately ten years. The accused submitted that he had an unblemished reputation, no previous convictions, that he had co-operated with the authorities, that he had pleaded guilty and submitted the relevance of the circumstances of the offence and his personal circumstances.
Held by McKechnie J., that the Court had to have regard for the gravity of the offence, the circumstances of the offence, the nature of the offence, its continuing duration, the role played by Mr. Duffy, his personal circumstances, any aggravating and mitigating factor and the principles of proportionality and totality. For five years he had involved himself in significant ongoing efforts as part of the criminal cartel. That the crime was a first offence or that he was unlikely to re-offend was of limited relevance in cartel cases. He was not required to engage in anti-competitive acts and the fact that the association had some legitimate purpose could not shroud the illegal activities of the association. Its success was irrelevant to the issue of guilt. He was more than a passive attendee. For co-operation with the authorities to count, it had to have a greater beneficial value. Disqualification pursuant to s. 160 Companies Act, 1990, as amended, would not have a real or substantial disabling effect.
Price fixing was unlawful for 20 years. Mr. Duffy had pleaded guilty to implementing the agreement, which was a significant additional crime. A sentence of six months for entering the plea would be entered and nine months in respect of the implementing plea, but the entirety of both sentences would be suspended for five years upon him entering the usual bond. A fine of €20,000 on Mr. Duffy and an implementation fine of €30,000 would be entered and a fine of €20,000 on the entering plea and €30,000 for the implantation plea would be entered on the company. Both would be given three months to pay one half of the total fine and a further three months to pay the remainder. If he failed to pay he would serve 28 days in default and distress would apply if the company defaulted.
Reporter: E.F.
Mr. Justice William M. McKechnie delivered on the 23rd March, 2009
1. Arising out of an investigation conducted by the Competition Authority into the activities of an association describing itself as the "Citroen Dealers Association", Duffy Motors (Newbridge) Limited ("Duffy Motors") of Naas Road, Newbridge, Co.Kildare was charged with a number of offences including those listed at Counts 5 and 6 of Bill No. CC0034/2008. These charges were in the following terms:-
Entering into an agreement which had as its object the prevention, restriction or distortion of competition contrary to s. 4(1) of the Competition Act 1991, and s. 2 of the Competition (Amendment) Act 1996.
Duffy Motors (Newbridge) Limited, trading as P.G. Duffy & Sons, between the 24 th June, 1997, and the 18 th June, 2002, both dates inclusive, within the province of Leinster within the State, being an undertaking within the meaning of s. 3 of the Competition Act 1991, did enter into an agreement with other undertakings, also within the meaning of s. 3 of the Competition Act 1991, which had as its object the prevention, restriction or distortion of competition in the trade of motor vehicles in the province of Leinster by directly or indirectly fixing the selling price of Citroen motor vehicles." (emphasis added)
Implementing an agreement which had as its object the prevention, restriction or distortion of competition contrary to s. 4(1) of the Competition Act 1991, and s. 2 of the Competition (Amendment) Act 1996.
Duffy Motors (Newbridge) Limited, trading as P.G. Duffy & Sons, between the 24 th June, 1997, and the 18 th June, 2002, both dates inclusive, within the province of Leinster within the State, being an undertaking within the meaning of s. 3 of the Competition Act 1991, did implement an agreement with other undertakings, also within the meaning of s. 3 of the Competition Act 1991, which had as its object the prevention, restriction or distortion of competition in the trade of motor vehicles in the province of Leinster by directly or indirectly fixing the selling price of Citroen motor vehicles." (Emphasis added)
2. As part of the same investigation Mr. Patrick Duffy, who is the joint owner and a co-director of Duffy Motors, was also charged with a number of offences including those outlined at Count No's 1 and 2 on the same indictment. These counts read as follows:-
Being a director of an undertaking which entered into an agreement which has as its object the prevention, restriction, or distortion of competition contrary to s. 4(1) of the Competition Act 1991, and ss. 2 and 3(4)(a) of the Competition (Amendment) Act 1996.
Patrick Duffy between the 24 th June, 1997, and the 18 th June, 2002, both dates inclusive, within the province of Leinster within the State, were a Director of Duffy Motors (Newbridge) Limited, trading as P.G. Duffy & Sons, an undertaking within the meaning of s. 3 of the Competition Act 1991, which said company committed an offence namely entering into an agreement with other undertakings, also within the meaning of s. 3 of the Competition Act 1991, which had as its object the prevention, restriction or distortion of competition in the trade of motor vehicles in the province of Leinster by directly or indirectly fixing the selling price of Citroen motor vehicles and the doing of the Acts constituting that offence will authorise or consented to by you." (Emphasis added)
Being a director of an undertaking which implemented an agreement which had as its object the prevention, restriction or distortion of competition contrary to s. 4(1) of the Competition Act 1991, and ss. 2 and 3(4)(a) of the Competition (Amendment) Act 1996.
Patrick Duffy between the 24 th June, 1997, and the 18 th June, 2002, both dates inclusive, within the province of Leinster within the State, were a Director of Duffy Motors (Newbridge) Limited, trading as P.G. Duffy & Sons, an undertaking within the meaning of s. 3 of the Competition Act 1991, which said company committed an offence namely implementing an agreement with other undertakings, also within the meaning of s. 3 of the Competition Act 1991, which had as its object the prevention, restriction or distortion of competition in the trade of motor vehicles in the province of Leinster by directly or indirectly fixing the selling price of Citroen motor vehicles and the doing of the Acts constituting that offence will authorise or consented to by you." (Emphasis added)
3. In layman's terms the following allegations were made against the company:-
(1) That...
To continue reading
Request your trialUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Start Your 7-day Trial
-
Bebenek v The Minister for Justice and Equality
...equal before the law, as applied by the Supreme Court in McMahon v Leahy [1984] 1 IR 525 and by the High Court in DPP v Duffy & Anor [2009] IEHC 208, (Unreported, High Court (McKechnie J), 23 March, 2009), I am constrained to take the same approach as Humphreys J for the same 81 It only re......
-
Paul Begley v DPP
...2009 IECCA 1612 DPP v MCCORMACK 2000 4 IR 356 DPP v M 1994 3 IR 306 1994 2 ILRM 541 1994/9/2641 DPP v KELLY 2005 2 IR 321 DPP v DUFFY 2009 3 IR 613 DPP v MURRAY UNREP CCA 27.2.2012 2012/13/3623 2012 IECCA 60 AG, PEOPLE v O'DRISCOLL 1972 1 FREWEN 351 HEALY, STATE v DONOGHUE 1976 IR 325 D......
-
The People at the suit of DPP v Ismaeil
... ... /3964 2006 IECCA 28 CRIMINAL JUSTICE (THEFT & FRAUD OFFENCES) ACT 2001 S48 DPP v DUFFY 2009 2 IR 395 2009/16/3677 2009 IECCA 20 CRIMINAL JUSTICE ACT 1999 S29(2) DPP v ... Mr. Amir Ismaeil made a phone call in Ms. Heaney's presence to another member of his family in Egypt in the course of which she believed that she could hear her son ... ...
-
Brehuta v DPP and Another
...CRIMINAL JUSTICE (THEFT & FRAUD OFFENCES) ACT 2001 S6 PROBATION OF OFFENDERS ACT 1997 S1(1) MCMAHON v LEAHY 1984 IR 525 DPP v DUFFY 2009 3 IR 613 AG, PEOPLE v POYNING 1972 IR 402 DPP v DALLY UNREP CCA 20.10.2011 2011/16/3908 2011 IECCA 104 PROBATION OF OFFENDERS ACT 1907 (UK) S1 CRIMINAL ......
-
Irish Judiciary Supports Effective Enforcement Of Competition Law
...in sentencing Mr Hegarty, used language which echoed that of Judge McKechnie quoted above from the Duffy case [DPP v Duffy & Anor. [2009] IEHC 208] when describing the seriousness of a cartel offence. This most recent cartel conviction under Irish competition law coincided with the comi......
-
Irish Competition (Amendment) Act 2012: Strengthening Competition Law Enforcement in Ireland
...Act 1907, ch XVII. 12 Probation of Offenders Act 1907. 13 Competition Act 2002. 14 DPP v Duffy and Duffy Motors (Newbridge) Ltd [2009] IEHC 208 [67] ‘[T]he first generation of carteliers have escaped prison sentences. I can say that the second will not.’ 15 Competition (Amendment) Act 2012.......