Courts / Meath / Report

Price fixing carpet boss has fine increased six-fold by appeal court

Date
2018-06-20
Stage
Appeal
Primary locality
Dunshaughlin
County
Meath

Summary

Brendan Smith, a former director of Aston Carpets and Flooring, was found guilty of price‑fixing with Carpet Centre (Contracts) Ltd between July 2012 and April 2013. The scheme involved both firms tendering higher bids than the other to secure contracts. Smith pleaded guilty and was fined €7,500, fined the company €10,000, given a three‑month prison sentence suspended for two years, and disqualified from acting as a director for five years. The Court of Appeal, after an appeal by the Director of Public Prosecutions, ruled the €7,500 fine "unduly lenient" and increased it to €45,000, to be paid within six months. Smith's suspended sentence and the company's fine remained unchanged. The appeal judge noted the profits from the scheme were modest and the customers affected were mainly large corporations. The case was concluded after a Garda raid on April 30, 2013, and the cooperation of Carpet Centre's David Radburn, who received immunity.

Who, what, where, when and why

What: Report matter: Price fixing carpet boss has fine increased six-fold by appeal court. 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: Smith was also handed a three-month prison sentence, suspended for two years, for attempting to impede a prosecution. His suspended sentence and the fine imposed on the company were unaltered.

Places mentioned

Court Venue
  • Court of Appeal
  • Central Criminal Court
Residence

Topics

Road Traffic Stage Appeal

Related court reports

Read the original CNI report

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