28.9.2013   

EN

Official Journal of the European Union

C 283/5

(1)

The decision concerns five separate infringements concerning the supply of wire harnesses (WH) to Toyota, Honda, Nissan and Renault (2 infringements) and is addressed to the following undertakings: (i) Sumitomo (2); (ii) Yazaki (3); (iii) Furukawa (4); (iv) SYS (5) and (v) Leoni (6). WH represent an assembly of cables transmitting signals or electric power linking computers to various components built in the vehicle and are designed for specific vehicles and platforms.

(2)

Following the immunity application of Sumitomo and the leniency application of Furukawa, the Commission carried out unannounced inspections in February 2010 and thereafter Yazaki and SYS applied for leniency.

(3)

The Commission initiated proceedings on 3 August 2012. On 28 August 2012, Leoni applied for leniency. Settlement discussions took place between 25 September 2012 and 14 May 2013. Subsequently, the cartel members submitted to the Commission their formal request to settle pursuant to Article 10a (2) of Regulation (EC) No 773/2004. On 31 May 2013, the Commission adopted a Statement of Objections and the all parties confirmed that its content reflected their submissions and that they remained committed to follow the settlement procedure. The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 5 July 2013 and the Commission adopted the Decision on 10 July 2013.

(4)

The following undertakings have infringed Article 101 of the Treaty and Article 53 of the EEA Agreement, during the periods indicated below, with respect to the supplies of WH to Toyota:

(5)

The following undertakings have infringed Article 101 of the Treaty and Article 53 of the EEA Agreement, during the periods indicated below, with respect to the supplies of WH to Honda:

(6)

Sumitomo and Yazaki have infringed Article 101 of the Treaty and Article 53 of the EEA Agreement with respect to the supplies of WH to Nissan (B Platform) from 14 September 2006 until 16 November 2006.

(7)

Sumitomo and SYS have infringed Article 101 of the Treaty and Article 53 of the EEA Agreement with respect to the supplies of WH to Renault (W95 Platform) from 28 September 2004 until 13 March 2006.

(8)

The following undertakings have infringed Article 101 of the Treaty and Article 53 of the EEA Agreement, during the periods indicated below, with respect to the supplies of WH to Renault (W52/98 Platform):

(9)

In the framework of each of the infringements, the parties to the infringements informed each other through trilateral and/or bilateral contacts about their prices and other commercially sensitive information with the ultimate aim to coordinate prices and allocate the supply of WH.

(10)

The Toyota and Honda infringements cover a series of tenders that took place during the collusive period, including all tenders for supplies to the European manufacturing facilities. The Nissan and Renault infringements cover a single tendering procedure each.

(11)

The decision applies the 2006 Guidelines on Fines (7). With the exception of Sumitomo, the decision imposes fines on all relevant companies of the undertakings listed under points (4) to (8) above.

(12)

The value of sales for the Toyota and Honda infringements is set as follows:

(13)

The value of sales for the Nissan infringement is set on the basis of the volume of WH for the future ‘European’ model covered by the B Platform estimated by Nissan at the time of the 2006 B Platform infringement multiplied by the price of the winning bids.

(14)

The value of sales for the Renault (W95 Platform) infringement is set on the basis of the volume of WH sales to Renault in the EEA estimated by Renault at the time of the infringement multiplied by the price of the winning bids.

(15)

The value of sales for the Renault (W52/98 Platform) is set by equally apportioning between the three undertakings the total value of WH sales to Renault in the EEA for the W52 model, calculated on the basis of Leoni's winning quotation price multiplied by the volume of WH estimated by Renault at the time of the infringement.

(16)

The basic amount of the fine is set, for each of the five infringements, at 16 % of the value of sales as defined under points (12) to (15) above.

(17)

The basic amount is multiplied by the number of years of participation in the infringement in order to take fully into account the duration of the participation for each undertaking in the infringement individually.

(18)

Sumitomo is granted immunity from fines for all infringements. The following reductions of the fine were granted to the other undertakings: Yazaki: 30 % for the Toyota and Honda infringements; 50 % for the Nissan infringement; Furukawa: 40 % for the Toyota and Honda infringements; SYS: 45 % for the Renault (W95 Platform) infringement and 40 % for the Renault (W52/98 Platform) infringement and Leoni: 20 % for the Renault (W52/98 Platform) infringement.

(19)

As a result of the application of the Settlement Notice, the amount of the fine to be imposed on Yazaki, Furukawa, SYS and Leoni is reduced by 10 % for each of the respective infringements

(20)

For the Toyota infringement, the following fines are imposed:

(21)

For the Honda infringement, the following fines are imposed:

(22)

For the Nissan infringement, the following fines are imposed:

(23)

For the Renault (W95 Platform) infringement, the following fines are imposed:

(24)

For the Renault (W52/98 Platform) infringement, the following fines are imposed: