By decision of 21 March 2018 the European Commission imposed fines of approx. € 254 million on 8 Japanese manufacturers of aluminum and tantalum electrolytic capacitors. The Commission’s investigations were initiated by Sanyo Electric Co., Ltd. and its parent Panasonic Corporation. According to the European Commission’s findings, in the period 1998 to 2012 the companies in question exchanged sensitive business information in the context of multilateral meetings and bilateral or trilateral contacts on future prices and pricing intentions, and on future supply and demand information, and in some instances, agreed on prices. The meetings and contacts took place mainly in Japan, but the cartel conduct was implemented on a global scale, including in the European Economic Area (EEA).
Nippon Chemi-Con Corporation, Rubycon and Rubycon Holdings, Nichicon Corporation and NEC Corporation lost their appeals against the European Commission’s decision. Appeals against the European General Court judgements are now pending before the European Court of Justice (C-759/21 P – Nippon Chemi-Con Corporation/ Commission, C-757/21 P – Nichicon Corporation/ Commission and C-786/21 P – Nec v Commission).
Cartel subject: aluminum and tantalum electrolytic capacitors (electrical components that store energy electrostatically in an electric field, and are used in a wide variety of electric and electronic products)
Cartel members: Elna, Hitachi Chemical, Holy Stone, Matsuo, NEC, Tokin, Nichicon, Nippon Chemi-Con und Rubycon
Cartel period: 26.06.1998 – 23.04.2012
Cartel region: worldwide, including EEA
Level of fines: approx. € 254 million
Affected parties: producars of any electronic products containing capacitors, ranging from smart phones to appliances in homes, electronic systems in cars and wind turbines producing electricity
|Company||Reduction under the Leniency Notice||Fine (€)|
|SANYO Electric Co., Ltd.|
and Panasonic Corporation
|Hitachi Chemical Electronicals Co., |
Ltd. und Hitachi Chemical Co., Ltd.
|Rubycon Corporation and |
Rubycon Holdings Co., Ltd.
|ELNA Co., Ltd.||0,15||18.162.000|
|TOKIN Corporation and|
|Matsuo Electric Co., Ltd.||824.000|
|NIPPON CHEMI-CON Corporation||97.921.000|
|Vishay Polytech Co., Ltd., |
Holy Stone Holdings Co., Ltd.,
and Holy Stone Enterprise Co., Ltd.
Participating ECDA member law firms
ECDA coordinator: Dr. Anna Lesinska-Adamson
Phone +49(0)30 611 28 40-10
European Cartel Damage Alliance e.V. (ECDA)
10179 Berlin / Germany