Bundeskartellamt concludes proceeding against automotive part manufacturers with another fine

The Bundeskartellamt has concluded the proceeding against manufacturers of acoustically effective components for cars by imposing a fine on HP Pelzer Holding GmbH, Witten. The manufacturers had concluded agreements for components which they supply to the automotive industry. Fines had already been imposed on five other companies (see Bundeskartellamt press release of 24.6.2015). In total, the fines imposed in this proceeding now amount to around 90 million euros.

Andreas Mundt, President of the Bundeskartellamt: "According to our knowledge, at least from May 2010 to January 2012 representatives of Pelzer agreed with competitors on coordinated prices in bids for tenders and orders placed by car manufacturers. The cartel participants were in agreement that they would not target the existing business and follow-on orders of their competitors. The companies agreed on minimum price levels, discounts to be granted, compensation for tool costs and to include cost escalation clauses in their contracts. They also agreed to pass on increases in raw material prices to their customers."

The object of the agreements were so-called acoustically effective components. These include flooring, car mats, hat racks, trunk trims, textile wheel house shells, engine compartment insulations, front shock absorbers and trunk shock absorbers.

The proceeding was triggered by an anonymous notification to the Bundeskartellamt's electronic whistle-blowing system. As a consequence the Bundeskartellamt conducted dawn raids in May and September 2013 at several companies in the sector. During 2015 fines have already been imposed on Autoneum Germany GmbH, Roßdorf, Carcoustics International GmbH, Leverkusen, Greiner Perfoam GmbH, Wangen, Ideal Automotive GmbH, Burgebrach, and the International Automotive Components Group GmbH, Düsseldorf. In accordance with the authority's leniency programme, no fine was imposed on Johann Borgers GmbH, Bocholt, which was also involved in the agreements but was the first company to cooperate with the Bundeskartellamt.

In setting the fine account was taken of the fact that HP Pelzer Holding GmbH had cooperated with the authority and a settlement could be reached.

The order imposing the fine is not yet final and can be appealed to the Düsseldorf Higher Regional Court.