Eric Van Ginderachter Director, Cartels Directorate, European Commission

2013 Wire HarnessesCommission Decision

1

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

2

WH – value of sales calculation

1. Principle – Fining Guidelines 2006 VoS = last full business year preceding the end of the

infringement In practice: Toyota infringement (Sumitomo and Yazaki)

o Duration: 03/2000 to 08/2009o Last BY - 04/2008 to 03/2009

2. 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

o average VoS around >30 % 3

WH – VoS calculation

1. Principle – Fining Guidelines 2006 VoS = last full business year preceding the end of the infringement

2. WH case – Single bid cartels – Lack of registered salesLead timeUnsuccessful collusion

4

WH – VoS calculation

1. 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

1. In practice: 1000 WH estimate X Yazaki winning bid of €110 = € 110 000

5

WH – VoS calculation

2. 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

6

WH – VoS calculation Direct vs. Indirect sales

o Direct sales – sale and delivery in EEAEx: WH sold and delivered to Toyota Belgium

o 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

7