1. 2013 Wire Harnesses Commission Decision
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Eric Van Ginderachter
Director, Cartels Directorate, European Commission

2. 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

3. 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 %

4. 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

5. WH – VoS calculation
No registered sales (lead time) – Nissan infringement
Participants - Sumitomo and Yazaki
Duration: 10/2006 to 12/ 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 = €

6. 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 = € / 3 = € each

7. 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