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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