TRIBUNAL CONFIRMS SETTLEMENT BETWEEN COMMISSION AND JAPANESE FIRM FINED R3.8M FOR CARTEL CONDUCT
The Tribunal has confirmed, as an order, a consent agreement between the Competition Commission (the Commission) and Yazaki Corporation (Yazaki), incorporated under the company laws of Japan.
The Commission accuses Yazaki of contravening sections 4(1)(b)(i), (ii) and (iii) of the Competition Act (the Act) i.e. price fixing, market division and collusive tendering.
R3.8m penalty
Although Yazaki does not admit to a contravention of the Act, it has agreed to the following, among others, in terms of the consent agreement:
- Yazaki will pay an administrative penalty (a fine) of R3 898 675.15 (three million eight hundred and ninety-eight thousand, six hundred and seventy-five Rand and fifteen cents); and
- It will develop, implement and monitor a competition law compliance programme as part of its corporate governance policy.
Background
The Commission had received information suggesting that Yazaki and two other Japanese companies, Sumitomo Electric Industries Limited (Sumitomo) and Denso Corporation, had concluded an agreement and/or were party to concerted practices to fix the prices that they would quote to original equipment manufacturers (OEMs), divide markets and tender collusively in respect of requests for quotes (RFQs) in the market for the manufacture and supply of automotive components to OEMs outside of South Africa.
A Commission investigation found that Yazaki was involved in fifteen (15) specific instances of cartel conduct between 2003 and 2009.
These involved requests for quotes by vehicle manufacturers including Honda, Toyota and the Renault-Nissan Purchasing Organisation, mostly for the supply of wire harnesses used in various vehicle models.
The Commission concluded that the conduct of Yazaki constitutes price fixing, market division and collusive tendering in contravention of the Act.
Sumitomo’s settlement
The Yazaki Settlement follows an earlier settlement, whereby the Tribunal confirmed a consent agreement between the Commission and Sumitomo. Sumitomo agreed to pay an administrative penalty of R437 278.38 (four hundred and thirty-seven thousand, two hundred and seventy- eight Rand and thirty-eight cents) for its role in the alleged cartel.
Issued by:
Gillian de Gouveia, Communications Officer
On behalf of the Competition Tribunal of South Africa
Tel: +27 (0) 12 394 1383
Cell: +27 (0) 82 410 1195
E-Mail: GillianD@comptrib.co.za
Twitter: @comptrib
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