# C_2013283EN.01000501.xml

| 28.9.2013 | EN | Official Journal of the European Union | C 283/5 |
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28.9.2013

EN

Official Journal of the European Union

C 283/5

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Summary of Commission Decision

of 10 July 2013

relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement

(Case AT.39748 — Automotive wire harnesses)

(notified under document C(2013) 4222 final)

(Only the English text is authentic)

2013/C 283/05

On 10 July 2013, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003
   (1), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

On 10 July 2013, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003

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the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

INTRODUCTION

| (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. |
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(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.

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2.   CASE DESCRIPTION

CASE DESCRIPTION

2.1.   Procedure

Procedure

| (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. |
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(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. |
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(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.

2.2.   Addressees and duration of the infringements

Addressees and duration of the infringements

| (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:






  — | Sumitomo and Yazaki from 6 March 2000 until 5 August 2009, |
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(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:

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Sumitomo and Yazaki from 6 March 2000 until 5 August 2009,

| — | Furukawa from 24 September 2002 until 20 October 2005. |
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Furukawa from 24 September 2002 until 20 October 2005.

| (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:






  — | Sumitomo and Yazaki from 5 March 2001 until 7 September 2009, |
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(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:

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Sumitomo and Yazaki from 5 March 2001 until 7 September 2009,

| — | Furukawa from 5 March 2001 until 31 March 2009. |
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Furukawa from 5 March 2001 until 31 March 2009.

| (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. |
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(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. |
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(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):






  — | Sumitomo from 5 May 2009 until 20 October 2009, |
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(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):

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Sumitomo from 5 May 2009 until 20 October 2009,

| — | SYS from 26 May 2009 until 22 December 2009, |
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SYS from 26 May 2009 until 22 December 2009,

| — | Leoni from 5 May 2009 until 22 December 2009. |
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Leoni from 5 May 2009 until 22 December 2009.

2.3.   Summary of the infringement

Summary of the infringement

| (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. |
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(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. |
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(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.

2.4.   Remedies

Remedies

| (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. |
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(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.

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2.4.1.   Basic amount of the fine

Basic amount of the fine

| (12) | The value of sales for the Toyota and Honda infringements is set as follows:






  — | for Sumitomo and Yazaki: average sales in the EEA in the last three business years of the infringement, |
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(12)

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

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for Sumitomo and Yazaki: average sales in the EEA in the last three business years of the infringement,

| — | for Furukawa: Furukawa's percentage share on the equivalent model in Japan, for which Furukawa participated in the infringement in the EEA, is applied on the average yearly value of sales by Sumitomo and Yazaki of the equivalent model produced in the EEA. |
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for Furukawa: Furukawa's percentage share on the equivalent model in Japan, for which Furukawa participated in the infringement in the EEA, is applied on the average yearly value of sales by Sumitomo and Yazaki of the equivalent model produced in the EEA.

| (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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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.

2.4.2.   Adjustments to the basic amount

Adjustments to the basic amount

2.4.2.1.   Application of the 2006 Leniency Notice

Application of the 2006 Leniency Notice

| (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. |
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(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.

2.4.2.2.   Application of the Settlement Notice

Application of the Settlement Notice

| (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 |
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(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

3.   FINES IMPOSED BY THE DECISION

FINES IMPOSED BY THE DECISION

| (20) | For the Toyota infringement, the following fines are imposed:






  — | Sumitomo Electric Wiring Systems (Europe) Ltd and Sumitomo Electric Industries Ltd jointly and severally liable: EUR 0, |
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(20)

For the Toyota infringement, the following fines are imposed:

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Sumitomo Electric Wiring Systems (Europe) Ltd and Sumitomo Electric Industries Ltd jointly and severally liable: EUR 0,

| — | Yazaki Europe Ltd and Yazaki Corporation jointly and severally liable: EUR 95 149 000, |
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Yazaki Europe Ltd and Yazaki Corporation jointly and severally liable: EUR 95 149 000,

| — | Furukawa Electric Co. Ltd: EUR 2 483 000. |
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Furukawa Electric Co. Ltd: EUR 2 483 000.

| (21) | For the Honda infringement, the following fines are imposed:






  — | Sumitomo Electric Wiring Systems (Europe) Ltd and Sumitomo Electric Industries Ltd jointly and severally liable: EUR 0, |
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(21)

For the Honda infringement, the following fines are imposed:

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Sumitomo Electric Wiring Systems (Europe) Ltd and Sumitomo Electric Industries Ltd jointly and severally liable: EUR 0,

| — | Yazaki Europe Ltd and Yazaki Corporation jointly and severally liable: EUR 29 812 000, |
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Yazaki Europe Ltd and Yazaki Corporation jointly and severally liable: EUR 29 812 000,

| — | Furukawa Automotive Systems Inc. and Furukawa Electric Co. Ltd jointly and severally liable: EUR 1 532 000. |
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Furukawa Automotive Systems Inc. and Furukawa Electric Co. Ltd jointly and severally liable: EUR 1 532 000.

| (22) | For the Nissan infringement, the following fines are imposed:






  — | Sumitomo Electric Industries Ltd: EUR 0, |
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(22)

For the Nissan infringement, the following fines are imposed:

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Sumitomo Electric Industries Ltd: EUR 0,

| — | Yazaki Corporation: EUR 380 000. |
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Yazaki Corporation: EUR 380 000.

| (23) | For the Renault (W95 Platform) infringement, the following fines are imposed:






  — | Sumitomo Electric Wiring Systems (Europe) Ltd and Sumitomo Electric Industries Ltd jointly and severally liable: EUR 0, |
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(23)

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

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Sumitomo Electric Wiring Systems (Europe) Ltd and Sumitomo Electric Industries Ltd jointly and severally liable: EUR 0,

| — | S-Y Systems Technologies France SAS and S-Y Systems Technologies Europe GmbH jointly and severally liable: EUR 10 123 000. |
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S-Y Systems Technologies France SAS and S-Y Systems Technologies Europe GmbH jointly and severally liable: EUR 10 123 000.

| (24) | For the Renault (W52/98 Platform) infringement, the following fines are imposed:






  — | Sumitomo Electric Wiring Systems (Europe) Ltd and Sumitomo Electric Industries Ltd jointly and severally liable: EUR 0, |
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(24)

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

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Sumitomo Electric Wiring Systems (Europe) Ltd and Sumitomo Electric Industries Ltd jointly and severally liable: EUR 0,

| — | S-Y Systems Technologies France SAS and S-Y Systems Technologies Europe GmbH jointly and severally liable: EUR 934 000, |
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S-Y Systems Technologies France SAS and S-Y Systems Technologies Europe GmbH jointly and severally liable: EUR 934 000,

| — | Leoni Wiring Systems France SAS and Leoni AG jointly and severally liable: EUR 1 378 000. |
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Leoni Wiring Systems France SAS and Leoni AG jointly and severally liable: EUR 1 378 000.

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(1)  OJ L 1, 4.1.2003, p. 1.

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(2)  The relevant companies are Sumitomo Electric Wiring Systems (Europe) Ltd and Sumitomo Electric Industries Ltd.

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(3)  The relevant companies are Yazaki Europe Ltd and Yazaki Corporation.

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(4)  The relevant companies are Furukawa Automotive Systems Inc and Furukawa Electric Co. Ltd.

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(5)  The relevant companies are S-Y Systems Technologies France SAS and S-Y Systems Technologies Europe GmbH.

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(6)  The relevant companies are Leoni Wiring Systems France SAS and Leoni AG.

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(7)  OJ C 210, 1.9.2006, p. 2.

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