Final Report of the Hearing Officer (1)

Alternators and starters

(AT.40028)

(2016/C 137/05)

On 24 September 2014, the European Commission (‘Commission’) initiated proceedings pursuant to Article 2(1) of Regulation (EC) No 773/2004 (2) against Denso Corporation (Denso), Mitsubishi Electric Corporation (Melco) and Hitachi, Ltd, and on 14 September 2015 against Hitachi Automotive Systems, Ltd. These two last legal entities are together referred to as ‘Hitachi’. Denso, Melco and Hitachi are together referred to as ‘the parties’.

Following settlement discussions and settlement submissions in accordance with Article 10a(2) of Regulation (EC) No 773/2004 the Commission adopted a statement of objections (SO) on 23 November 2015. According to the SO, the parties have participated in an infringement of Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the European Economic Area (EEA) Agreement, consisting in the coordination of prices and the allocation of supplies of alternators and starters to manufacturers of cars covering all the EEA between 14 September 2004 and 23 February 2010. The parties’ respective replies to the SO confirmed that the SO addressed to them reflected the contents of their settlement submissions.

Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decision deals only with objections in respect of which the parties have been afforded the opportunity of making known its views. I conclude that it does so.

In view of the above, and taking into account that the parties have not addressed any requests or complaints to me (3), I consider that the effective exercise of the procedural rights of the parties to the proceedings in this case has been respected.

(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29).

(2)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18).

(3)  Under Article 15(2) of Decision 2011/695/EU, parties to the proceedings in cartel cases which engage in settlement discussions pursuant to Article 10a of Regulation (EC) No 773/2004, may call upon the hearing officer at any stage during the settlement procedure in order to ensure the effective exercise of their procedural rights. See also paragraph 18 of Commission Notice 2008/C-167/01 on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases (OJ C 167, 2.7.2008, p. 1).