Brussels, 20/11/2007 (Agence Europe) - On 20 November, the European Commission imposed a total of €74 790 000 fines on Sony, Fuji and Maxell for fixing prices for professional videotapes sold to customers in Europe, in violation of the EC Treaty's ban on cartels and restrictive business practices (Article 81). Sony's fine has been increased by 30% for obstructing the Commission's investigation during on-site inspections at its premises. Fuji's and Maxell's fines are reduced by 40% and 20% respectively because they co-operated with the investigation under the Commission's 2002 Leniency Notice
The Commission started surprise inspections at the premises of Sony, Fuji and Maxell in May 2002 and abundant evidence of cartel activities was found. However, a Sony employee refused to answer oral questions asked by the Commission's inspectors, in breach of Sony's obligation to answer, while another Sony employee was found to have shredded documents during the inspection. Fuji and, at a later stage, Maxell co-operated with the Commission and submitted additional evidence. The cartel covered the two most popular professional videotape formats at the time of the infringement: Betacam SP and Digital Betacam, which in 2001 totalled annual sales of some €115 million in the European Economic Area (EEA). Sony, Fuji and Maxell, with a combined share of more than 85% of the professional video tape market, organised three successful rounds of price increases and endeavoured to stabilise prices whenever an increase was not possible. This is the first Commission antitrust decision where the 2006 guidelines on fines have been applied. Under the new method, fines better reflect the overall economic significance of the infringement as well as the share of each company involved. (C.D.)