# C_2014238EN.01001001.xml

| 23.7.2014 | EN | Official Journal of the European Union | C 238/10 |
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23.7.2014

EN

Official Journal of the European Union

C 238/10

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Summary of Commission Decision

of 19 March 2014

(Case AT.39922 — Bearings)

(notified under document C(2014) 1788 final)

(Only the English text is authentic)

2014/C 238/09

On 19 March 2014, 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 19 March 2014, 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 relates to a single and continuous infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement in the sector of bearings for automotive applications (‘automotive bearings’). Automotive bearings are bearings supplied to automotive Original Equipment Manufacturers (‘OEMs’), which are car, truck and automotive component manufacturers (together also referred to as ‘automotive customers’). The Decision is addressed to 19 entities of the six undertakings: (i) JTEKT (2); (ii) NSK (3); (iii) NFC (4), (iv) SKF (5), (v) Schaeffler (6) and (vi) NTN (7). |
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(1)

The Decision relates to a single and continuous infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement in the sector of bearings for automotive applications (‘automotive bearings’). Automotive bearings are bearings supplied to automotive Original Equipment Manufacturers (‘OEMs’), which are car, truck and automotive component manufacturers (together also referred to as ‘automotive customers’). The Decision is addressed to 19 entities of the six undertakings: (i) JTEKT (2); (ii) NSK (3); (iii) NFC (4), (iv) SKF (5), (v) Schaeffler (6) and (vi) NTN (7).

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2.   CASE DESCRIPTION

CASE DESCRIPTION

2.1.   Procedure

Procedure

| (2) | Following the leniency applications of JTEKT, NSK and NFC, the Commission carried out targeted inspections at the premises of bearing producers in several Member States in November 2011. |
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(2)

Following the leniency applications of JTEKT, NSK and NFC, the Commission carried out targeted inspections at the premises of bearing producers in several Member States in November 2011.

| (3) | During and in the immediate aftermath of the inspections, the Commission received subsequently two more leniency applications from SKF and Schaeffler. |
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(3)

During and in the immediate aftermath of the inspections, the Commission received subsequently two more leniency applications from SKF and Schaeffler.

| (4) | On 22 January 2013, the Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 against the addressees of the Decision with a view to engaging in settlement discussions with them. Settlement meetings took place between March and December 2013. Subsequently, the parties submitted to the Commission their formal request to settle pursuant to Article 10a(2) of Regulation (EC) No 773/2004 (8). |
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(4)

On 22 January 2013, the Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 against the addressees of the Decision with a view to engaging in settlement discussions with them. Settlement meetings took place between March and December 2013. Subsequently, the parties submitted to the Commission their formal request to settle pursuant to Article 10a(2) of Regulation (EC) No 773/2004 (8).

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| (5) | The Commission adopted the Statement of Objections on 21 January 2014 and all parties unequivocally confirmed that it corresponded to the content of their settlement submission and that they therefore remained committed to following the settlement procedure. |
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(5)

The Commission adopted the Statement of Objections on 21 January 2014 and all parties unequivocally confirmed that it corresponded to the content of their settlement submission and that they therefore remained committed to following the settlement procedure.

| (6) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 17 March 2014. |
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(6)

The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 17 March 2014.

| (7) | The Commission adopted the Decision on 19 March 2014. |
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(7)

The Commission adopted the Decision on 19 March 2014.

2.2.   Addressees and duration

Addressees and duration

| (8) | The following undertakings have infringed Article 101 of the Treaty and Article 53 of the EEA Agreement, by participating, during the periods indicated below, in anti-competitive practices in respect to the supply of automotive bearings. |
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(8)

The following undertakings have infringed Article 101 of the Treaty and Article 53 of the EEA Agreement, by participating, during the periods indicated below, in anti-competitive practices in respect to the supply of automotive bearings.

| (9) | Undertaking | Period of participation |
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| JTEKT | 8 April 2004-25 July 2011 |
| NSK | 8 April 2004-25 July 2011 |
| NFC | 6 May 2004-25 July 2011 |
| SKF | 8 April 2004-25 July 2011 |
| Schaeffler | 8 April 2004-25 July 2011 |
| NTN for the period up to 6 April 2008: | |
| — | without NTN-SNR Roulements SA |

(9)

Undertaking

Period of participation

JTEKT

8 April 2004-25 July 2011

NSK

8 April 2004-25 July 2011

NFC

6 May 2004-25 July 2011

SKF

8 April 2004-25 July 2011

Schaeffler

8 April 2004-25 July 2011

NTN for the period up to 6 April 2008:

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without NTN-SNR Roulements SA

8 April 2004-6 April 2008

| — | NTN-SNR Roulements SA alone |
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NTN-SNR Roulements SA alone

8 April 2004-6 April 2008

NTN for the period from 7 April 2008

7 April 2008-25 July 2011

2.3.   Summary of the infringement

Summary of the infringement

| (10) | The overall aim of the cartel was to coordinate the pricing strategy vis-à-vis automotive customers. In order to achieve that aim, the parties coordinated the passing-on of steel price increases to their automotive customers, colluded on Requests for Quotations and Annual Price Reduction requests issued by automotive customers and exchanged commercially sensitive information. The parties engaged in anti-competitive behaviour through multi-, tri- and bilateral contacts forming a single and continuous infringement covering the whole EEA. |
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(10)

The overall aim of the cartel was to coordinate the pricing strategy vis-à-vis automotive customers. In order to achieve that aim, the parties coordinated the passing-on of steel price increases to their automotive customers, colluded on Requests for Quotations and Annual Price Reduction requests issued by automotive customers and exchanged commercially sensitive information. The parties engaged in anti-competitive behaviour through multi-, tri- and bilateral contacts forming a single and continuous infringement covering the whole EEA.

2.4.   Remedies

Remedies

| (11) | The Decision applies the 2006 Guidelines on Fines (9). With the exception of JTEKT, the Decision imposes fines on the relevant entities of the undertakings listed under point (1) above. |
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(11)

The Decision applies the 2006 Guidelines on Fines (9). With the exception of JTEKT, the Decision imposes fines on the relevant entities of the undertakings listed under point (1) above.

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2.4.1.   Basic amount of the fine

Basic amount of the fine

| (12) | The value of sales per undertaking is calculated on the basis of the average annual sales of automotive bearings within the EEA during the full six years of the infringement, i.e. from 2005 to 2010. When determining the value of sales, the limited scope of the contacts in the sub-segment of sales of bearings to automotive component manufacturers and a period of limited cartel activity from January 2008 until July 2010 are taken into account. |
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(12)

The value of sales per undertaking is calculated on the basis of the average annual sales of automotive bearings within the EEA during the full six years of the infringement, i.e. from 2005 to 2010. When determining the value of sales, the limited scope of the contacts in the sub-segment of sales of bearings to automotive component manufacturers and a period of limited cartel activity from January 2008 until July 2010 are taken into account.

| (13) | The basic amount of the fine is set at 16 % of the value of sales as defined under point (12) above, 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. For the additional amount the percentage was set at 16 %. |
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(13)

The basic amount of the fine is set at 16 % of the value of sales as defined under point (12) above, 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. For the additional amount the percentage was set at 16 %.

2.4.2.   Adjustments to the basic amount

Adjustments to the basic amount

| (14) | The Commission does not apply any aggravating circumstances in this case. NFC is granted a reduction of 15 % for mitigating circumstances due to its limited participation in the infringement. |
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(14)

The Commission does not apply any aggravating circumstances in this case. NFC is granted a reduction of 15 % for mitigating circumstances due to its limited participation in the infringement.

2.4.3.   Specific limitation of the fine

Specific limitation of the fine

| (15) | Furthermore, the Commission exercises its margin of appreciation, as reflected in point 37 of the Guidelines on fines, to reduce the level of that part of the fine for which NTN-SNR Roulements is solely liable to 10 % of its own turnover. |
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(15)

Furthermore, the Commission exercises its margin of appreciation, as reflected in point 37 of the Guidelines on fines, to reduce the level of that part of the fine for which NTN-SNR Roulements is solely liable to 10 % of its own turnover.

2.4.4.   Application of the 2006 Leniency Notice: reduction of fines

Application of the 2006 Leniency Notice: reduction of fines

| (16) | The Commission grants full immunity from the fine to JTEKT, a 40 % reduction of the fine to NSK, a 30 % reduction of the fine to NFC and a 20 % reduction of the fine to each SKF and Schaeffler. |
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(16)

The Commission grants full immunity from the fine to JTEKT, a 40 % reduction of the fine to NSK, a 30 % reduction of the fine to NFC and a 20 % reduction of the fine to each SKF and Schaeffler.

2.4.5.   Application of the Settlement Notice

Application of the Settlement Notice

| (17) | As a result of the application of the Settlement Notice, the amount of the fine to be imposed on JTEKT, NSK, NFC, SKF, Schaeffler and NTN is reduced by 10 %. |
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(17)

As a result of the application of the Settlement Notice, the amount of the fine to be imposed on JTEKT, NSK, NFC, SKF, Schaeffler and NTN is reduced by 10 %.

3.   CONCLUSION

CONCLUSION

| (18) | The following fines are imposed pursuant to Article 23(2) of Regulation (EC) No 1/2003:






  (a) | JTEKT Corporation, JTEKT Europe Bearings B.V., Koyo France SA and Koyo Deutschland GmbH, jointly and severally liable: EUR 0; |
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(18)

The following fines are imposed pursuant to Article 23(2) of Regulation (EC) No 1/2003:

(a)

JTEKT Corporation, JTEKT Europe Bearings B.V., Koyo France SA and Koyo Deutschland GmbH, jointly and severally liable: EUR 0;

| (b) | NSK Ltd, NSK Europe Ltd and NSK Deutschland GmbH, jointly and severally liable: EUR 62 406 000; |
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(b)

NSK Ltd, NSK Europe Ltd and NSK Deutschland GmbH, jointly and severally liable: EUR 62 406 000;

| (c) | Nachi-Fujikoshi Corporation and Nachi Europe GmbH jointly and severally liable: EUR 3 956 000; |
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(c)

Nachi-Fujikoshi Corporation and Nachi Europe GmbH jointly and severally liable: EUR 3 956 000;

| (d) | AB SKF and SKF GmbH jointly and severally liable: EUR 315 109 000; |
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(d)

AB SKF and SKF GmbH jointly and severally liable: EUR 315 109 000;

| (e) | INA-Holding Schaeffler GmbH & Co. KG, Schaeffler Holding GmbH & Co. KG, Schaeffler AG, Schaeffler Technologies GmbH & Co. KG and FAG Kugelfischer GmbH, jointly and severally liable: EUR 370 481 000; |
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(e)

INA-Holding Schaeffler GmbH & Co. KG, Schaeffler Holding GmbH & Co. KG, Schaeffler AG, Schaeffler Technologies GmbH & Co. KG and FAG Kugelfischer GmbH, jointly and severally liable: EUR 370 481 000;

| (f) | NTN Corporation, NTN Wälzlager (Europa) GmbH and NTN-SNR-Roulements SA jointly and severally liable: EUR 52 451 000; |
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(f)

NTN Corporation, NTN Wälzlager (Europa) GmbH and NTN-SNR-Roulements SA jointly and severally liable: EUR 52 451 000;

| (g) | NTN Corporation and NTN Wälzlager (Europa) GmbH jointly and severally liable: EUR 80 962 000; |
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(g)

NTN Corporation and NTN Wälzlager (Europa) GmbH jointly and severally liable: EUR 80 962 000;

| (h) | NTN-SNR Roulements SA solely liable: EUR 67 941 000. |
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(h)

NTN-SNR Roulements SA solely liable: EUR 67 941 000.

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

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(2)  JTEKT Corporation, JTEKT Europe Bearings B.V., Koyo France SA and Koyo Deutschland GmbH.

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(3)  NSK Ltd, NSK Europe Ltd and NSK Deutschland GmbH.

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(4)  Nachi-Fujikoshi Corporation and Nachi Europe GmbH.

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(5)  AB SKF and SKF GmbH.

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(6)  INA-Holding Schaeffler GmbH & Co. KG, Schaeffler Holding GmbH & Co. KG, Schaeffler AG, Schaeffler Technologies GmbH & Co. KG and FAG Kugelfischer GmbH.

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(7)  NTN Corporation, NTN Waelzlager (Europa) GmbH and NTN-SNR Roulements SA.

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(8)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18).

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

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