2013 Wire Harnesses Commission Decision Please edit the Master Layout to include information specific to the presentation. For slides for the DG/DeputyDG, delete [Unit]. Eric Van Ginderachter Director, Cartels Directorate, European Commission
WH Decision - Overview € 141 million fine, including 10% settlement reduction 7th settlement decision Five Separate Infringements: Toyota (Sumitomo, Yazaki, Furukawa), Honda (idem), Nissan (Sumitomo and Yazaki), Renault I (Sumitomo and SYS), Renault II (idem + Leoni) No single overarching scheme Different participants (companies and individuals) Two types of infringements: Single and continuous infringements – Toyota and Honda Single bid cartels – Nissan, Renault I and Renault II
WH – value of sales calculation Principle – Fining Guidelines 2006 VoS = last full business year preceding the end of the infringement In practice: Toyota infringement (Sumitomo and Yazaki) Duration: 03/2000 to 08/2009 Last BY - 04/2008 to 03/2009 WH case - Single and continuous infringements Last full BY – not representative of the harm of the cartels In practice: average of the 3 last BY average VoS around >30 %
WH – VoS calculation Principle – Fining Guidelines 2006 VoS = last full business year preceding the end of the infringement WH case – Single bid cartels – Lack of registered sales Lead time Unsuccessful collusion
WH – VoS calculation No registered sales (lead time) – Nissan infringement Participants - Sumitomo and Yazaki Duration: 10/2006 to 12/2006 - registered sales only post infringement in 2010 → VoS = € 0 Calculation: estimates of the yearly volume of WH at the time of the quotation X winning bid In practice: 1000 WH estimate X Yazaki winning bid of €110 = € 110 000
WH – VoS calculation No registered sales (unsuccessful collusion) – Renault II infringement Participants - Sumitomo, SYS and Leoni Only Leoni got part of the business Calculation: estimates of the yearly volume of WH at the time of the quotation X winning bid of Leoni + equally apportioned between the three participants In practice: 1000 WH estimate X Leoni winning bid of €120 = € 120 000 / 3 = € 40 000 each
WH – VoS calculation Direct vs. Indirect sales Direct sales – sale and delivery in EEA Ex: WH sold and delivered to Toyota Belgium Indirect sales – sale and delivery outside EEA – transformation into another product – sale and delivery in EEA Ex: WH sold and delivered to Toyota Japan – car build in Japan – imported and sold in EEA Commission's fines calculated only on the basis of direct sales