Superintendent opens process to determine international cartel in the capacitor market

The General Superintendence of the Administrative Council for Economic Defense - CADE established on 2 December an Administrative Proceeding (PA 08700.0010056 / 2014-09) to investigate alleged practice of international cartel with effects in Brazil,  in the market of electrolytic capacitors and film capacitors.

The capacitors are electric circuit components which function to store electrostatic energy and are used in many devices such as motherboards, computers, tablets, video games, musical instruments, navigation systems, among others.

The 20 companies that are being investigated are Elna, Fujitsu Media Devices, Hitachi AIC, Holy Stone Enterprise Co. Ltd., Matsuo Electric, NEC Tokin, Nichicon Corporation, Nippon Chemi-con, Nissei Electric Co. Ltd., Nitsuko Electronics Corp., Okaya Electric Industries Co., Ltd., Panasonic Corporation, ROHM Co. Ltd., Rubycon, SANYO Electric Co. Ltd., Shinyei Technology Co. Ltd., Shinyei Capacitor Co. Ltd., Soshin Electric Co. Ltd., Taitsu Corp., Toshin Kogyo Co. Ltd. and other 20 individuals. 

Evidences indicates that the companies involved on the collusion shared sensitive commercial information, discussed prices and sales terms and previously agreed on prices for products to be delivered to customers.

In relation to the electrolytic capacitors market, such anti-competitive practices would have occurred at least from 1970 to 2010 (with effects in Brazil possibly since 2003). On the market of film capacitors, the cartel would have been carried out, at least, between 1980 and 2009 (with effects in Brazil possibly since 2007).

After the opening of the administrative proceeding the charged parties will be notified to present their defense within 30 days. By the end of this period, the General Superintendence will submit the case to judgment by CADE’s Tribunal.