Companies charged with price-fixing on rail works

TWO COMPANIES have been sent forward for trial to the Circuit Criminal Court for price-fixing in relation to works being carried…

TWO COMPANIES have been sent forward for trial to the Circuit Criminal Court for price-fixing in relation to works being carried out on the new Ennis-Athenry railway line.

Judge Joseph Mangan has ordered that they be sent forward for trial after refusing to dispose of the case when it came before Athenry District Court.

At a previous sitting, Judge Mangan indicated that he was refusing jurisdiction after hearing a brief outline of the case.

Books of evidence were served by Det Garda Paul McWalter at a sitting of the court yesterday on John Joe McNicholas, trading as John Joe McNicholas Plant Hire, Swinford, Co Mayo; Oliver Dixon Hedgecutting and Plant Hire Ltd, Derrinlig, Longwood, Co Meath; and Oliver Dixon, as a director of the same company.

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The case refers to hedge-cutting and vegetation-clearance on the tracks with an allegation that the two companies agreed a minimum price among themselves to tender for the works. The previous sitting was told that the tendering process for the works was halted after Iarnród Éireann had learned of alleged price-fixing intentions.

Solicitor for the Competition Authority David McFadden said prosecutions were being brought under the Competition Act 2002.

It will be alleged that on January 15th last year at Athenry railway station, the parties entered into agreement regarding a minimum tender price for the works on the railway tracks.

It will be alleged that Iarnród Éireann organised a meeting of contractors in Athenry railway station to explain the specifics of contracts for works on the Ennis-Athenry railway line. After the Iarnród Éireann engineers left, the defendants allegedly agreed an amount themselves to be entered as the minimum price for the tender. The trial will be told that the other contractors there were asked to agree, but that they went to Iarnród Éireann the following day and reported the matter.