Courts / Meath / Report

DPP appeals €7.5k fine imposed on company director over price fixing scam

Date
2018-05-31
Stage
Appeal
Primary locality
Dunshaughlin
County
Meath

Summary

Brendan Smith, a former director of Aston Carpets and Flooring, was given a suspended three‑month prison sentence and a €7,500 fine for his role in a price‑fixing scam that targeted large firms such as Google, PayPal and MasterCard between July 2012 and April 2013. Smith and a rival contractor, Carpet Centre (Contracts) Ltd, colluded to submit higher bids than the other, thereby inflating contract prices. The scheme was uncovered when David Radburn of Carpet Centre revealed the agreement to the Competition and Consumer Protection Commission. Smith was also charged with attempting to impede a prosecution after a raid on the companies' offices. The Director of Public Prosecutions has appealed the penalties, arguing they were unduly lenient, and the Court of Appeal has reserved its judgment. The case remains at the sentencing stage. Brendan Smith pleaded guilty.

Who, what, where, when and why

What: Report matter: DPP appeals €7.5k fine imposed on company director over price fixing scam. Charges or matters: engaging in and implementing an anti-competitive agreement between July 2012 and April 30, 2013, contrary to the Companies Act 2002. Procedural stage: appeal

When:

Why: At a sentencing hearing in the Central Criminal Court, Daniel Kenna of the Competition and Consumer Protection Commission explained that the scam was exposed by David Radburn of Carpet Centre (the second party in the scam). CNI source report

Case subjects

Brendan Smith

Defendant

Charges: engaging in and implementing an anti-competitive agreement between July 2012 and April 30, 2013, contrary to the Companies Act 2002 (Admitted)

Plea: Guilty

Outcome: Mr Justice Patrick McCarthy fined Smith €7,500 and Aston Carpets €10,000 on May 31, 2017. Smith was also handed a three-month prison sentence, suspended for two years, for attempting to impede a prosecution.

Places mentioned

Residence
Court Venue
  • Central Criminal Court
  • Court of Appeal

Topics

Stage Appeal

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Read the original CNI report

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