Ten people and three companies accused of anti-competition offences regarding the provision of school bus services in the State had their cases mentioned before the Central Criminal Court last week.
The accused are alleged to have entered into an agreement that had as its object or effect the prevention, restriction or distortion of competition in trade in the provision of school bus services in the State.
The alleged offences are contrary to sections 4 (1), 6 (1), 8 (1) and 8 (6) of the Competition Act 2002.
The 13 cases were taken forward by the Director of Public Prosecutions at the behest of the office of the Competition and Consumer Protection Commission.
The charges come on foot of a 2016 investigation and search operation at businesses and private residences into the alleged activities of private bus operators who had bid for and been awarded school bus routes administered by Bus Éireann.
Noel Browne of Templenahurney, Bansha, Co Tipperary; Larry Hickey (71) of Gortnaclogh, Ardmayle, Cashel, Co Tipperary; John Glasheen Limited, Holycross, Thurles, Co, Tipperary; Frances Collison, Emill, Cloughjordan, Co Offaly; Andrew Walsh, Derrymore, Roscrea, Co Tipperary; Margaret Callanan: Dovea Upper, Bouladuff, Thurles, Co Tipperary; Callanan Coaches Limited, Dovea, Bouladuff, Thurles, Co Tipperary and Edward Callanan, Dovea Upper, Bouladuff, Thurles, Co Tipperary are all accused of under section 3 (1) of the Competition Act 2002, as amended.
They are accused that they did between the January 1, 2014 and December 31, 2016, within the State, enter into or implement an agreement with other such undertakings which had as its object or effect the prevention, restriction or distortion of competition in trade in the provision of school bus services in the State.
Meanwhile, Raymond Heney (52), Annray House, Camas, Cashel, Co Tipperary; Anthony Flynn (49), Farnamanagh, Golden Road, Cashel, Co Tipperary; Elaine Glasheen, Holycross, Thurles, Co Tipperary; Malachy Collison, Emill, Cloughjordan, Co Offaly and Collison Coach Co Ltd, Emill, Cloughjordan, Co Offaly, are all accused of an ‘undertaking within the meaning of section 3 (1) of the Competition Act 2002, as amended.
They are accused that they did between January 1, 2014, and December 31, 2016, within the State, ‘authorise or consent to the said undertaking entering into or implementing an agreement with other such undertakings which had as its object or effect the prevention, restriction or distortion of competition in trade in the provision of school bus services in the State.’
Tessa White BL, for the State, told Mr Justice Paul McDermott that there was a “significant” amount of disclosure involved in the case and that any trial would take around six weeks.
Mr Justice McDermott was told that the case was to be heard in Co Tipperary and that a trial date of October 2024 had been mentioned.
Ms White agreed with Mr Justice McDermott when asked if the amount of documents in the case was “vast”.
Mr Justice McDermott adjourned the matter to January 20, 2023, for inclusion in a case management list and said he expected all disclosure to the defence be completed by that date.
Section 4 of the Competition Act states that it is an offence to enter into ‘agreements between undertakings, decision by associations of undertakings and concerted practices which have as their object or effect prevention, restriction or distortion of competition in trade in any goods or services in the State that directly or indirectly fix purchase or selling prices or any other trading conditions’.
