The European Commission imposed a total fine of €368.277 million on the companies Autoliv and TRW on Tuesday 5 March for their participation in two agreements with Takata concerning the supply of safety equipment for motor vehicles.
These three companies took part, from 2007 to 2011, in exchanges of commercially sensitive information and a system for coordinating their behaviour on the market regarding the supply of seatbelts, airbags and steering wheels. The car producers concerned are the Volkswagen and BMW groups.
Takata has informed the Commission of the existence of this cartel, which is why the institution has decided to investigate the facts. It considered that the cartel was likely to have had a significant effect on European consumers, given the importance of the two car manufacturers in the EU. Volkswagen and BMW sell nearly three out of ten cars in Europe.
For this reason, the Commission has concluded that there are two separate infringements of EU competition law rules, one for each car manufacturer.
As regards the setting of fines, the institution based itself on the 2006 Guidelines on fines and those on leniency.
Takata disclosed the existence of the two cartels and was granted full immunity, whereas it could have had to pay almost €195 million. Autoliv and TRW having acknowledged their participation in the infringements, they were granted a 10% reduction of the fine, in addition to reductions of 30% and 50% respectively for their cooperation in the investigation. Thus, TRW will have to pay the Commission around €189 million, while Autoliv will have to pay around €179 million.
The three companies referred to here have already been sanctioned by the Commission in the past for similar acts at the end of 2017 and the beginning of 2018 (see EUROPE 11910, 11966). (Original version in French by Lucas Tripoteau)