Nissan Acquires Shares
in Mitsubishi
Alleged Anti-Competitive
Conduct Involving Capacitor
Manufacturers
On 23 January 2017, CCS cleared the acquisition by Nissan Motor Co.
Ltd. (“Nissan”) of a 34% shareholding in Mitsubishi Motors Corporation
(“Mitsubishi”) companies. Nissan is a Japanese multinational corporation
and an affiliate of Renault, a French multinational company, while
Mitsubishi is a Japanese multinational corporation.
CCS issued a Proposed Infringement Decision (“PID”) against five capacitor
manufacturers on 6 April 2017, following an investigation prompted by
an application for immunity under the Leniency Programme from one of
the companies for its involvement. The companies involved are Panasonic
Industrial Devices Singapore and Panasonic Industrial Devices Malaysia Sdn.
Bhd., Rubycon Singapore Pte. Ltd., Singapore Chemi-con Pte. Ltd., Nichicon
(Singapore) Pte. Ltd., and ELNA Electronics (S) Pte. Ltd.
INVESTIGATION FINDINGS
The companies held regular meetings in Singapore, where they:
The companies had six weeks from the receipt of the PID to make
their representations to CCS. CCS will then make its final decision,
after careful consideration of the representations, and all available
information and evidence.
Regarding light commercial vehicles, the companies’
combined market shares (60-70%) and that of the three
largest players post-merger (90-100%) in the relevant
market for pick-up trucks exceeds CCS’s indicative thresholds
of a merger situation that may raise concerns. Due to a
considerable degree of volatility in the market shares of both
the companies and their competitors, the market share
figures may not be a reliable indicator of competition.
Discussed and agreed
on sales prices,
including various
prices increases; and
PROPOSED INFRINGEMENT
DECISION ISSUED
MANUFACTURING
MANUFACTURING
FINDINGS
CASE TEAM MEMBERS
Eileen Lee, Ng Jia Le, Tham Chang Xian, Tan Hi Lin
CASE TEAM MEMBERS
Serene Seet, Yeo Hui Chuan, Wong Chun Han, James Yoon,
Germaine Goh, Harikumar Pillay
Regarding passenger vehicles, none of the companies’
combined market shares for the relevant markets exceeds
CCS’s indicative thresholds of a merger situation that
may raise competition concerns.
Agreed to reject
customers’ requests
collectively for
reduction in prices
of Aluminium
Electrolytic
Capacitors (“AEC”s)
sold to them in
the ASEAN region,
including Singapore.
There is sufficient
competition from
other major suppliers
of pick-up trucks in
Singapore.
Barriers to expansion
and entry are not
overly high in the
relevant markets.
The companies
are not close
competitors in the
relevant markets for
passenger vehicles.
Exchanged
confidential and
commercially sensitive
business information,
such as customer
quotations, sales
volumes, production
capacities, business
plans and pricing
strategies
APPROVED
COMPETITION COMMISSION OF SINGAPORE
22