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Taiwan LCD titan fined $500 mn for price fixing
by Staff Writers
San Francisco (AFP) Sept 20, 2012


A US judge on Thursday fined Taiwan's AU Optronics $500 million and sentenced two former executives to prison for rigging prices of displays for smartphones, computers and other gadgets.

"This was a documented and far-reaching conspiracy; there is no doubt about that," US District Court Judge Susan Illston said while sentencing Taiwan's largest LCD maker and Hsuan Ben Chen and Hui Hsiung.

She ordered one-time AUO president Chen and former executive vice president Hsiung to each serve three years in federal prison and pay $200,000 in fines.

A jury trial in San Francisco ended in March with a jury convicting AUO and the men of taking part in a scheme to rig prices of thin film transistor liquid crystal (TFT-LCD) display panels from late 2001 to December in 2006.

Prosecutors went on record in court calling it the "most serious price-fixing" case in US history and urged Illston to slam AUO with an unprecedented billion-dollar fine and imprison both men for a decade.

"We believe a $500 million fine is unable to deter the kind of conduct we see here," Department of Justice antitrust division trial attorney Heather Tewksbury argued during the sentencing hearing.

Defense attorneys countered that the prosecution's recommendation was "excessive."

Officials said the $500 million fine matches the largest fine imposed against a company for violating US antitrust laws.

Illston granted a request by prosecutors that AUO place notices in major trade publications in Taiwan and the United States telling the outcome of the case and what steps are being taken to prevent price fixing in the future.

AUO was also ordered to implement an ethics program watched over by an independent monitor.

Illston refused to stay imposition of the sentences pending appeals and ordered AUO to pay the fine in installments over the coming three years.

AUO and a Texas-based subsidiary took part in a five-year conspiracy to fix TFT-LCD prices worldwide, according to prosecutors.

Jurors concluded that "ill-gotten gains" in the United States alone tallied at least a half-billion dollars, according to the DOJ.

"These defendants and AUO's subsidiary, AU Optronics Corporation America were central figures in the most serious price-fixing cartel ever prosecuted by the United States," prosecutors said at the time of the verdict.

The companies and the former executive were convicted on conspiracy charges for taking part in a scheme to rig prices of the thin display panels.

Rival LCD makers met in secret at karaoke bars, tea rooms and hotel conference rooms in Taiwan to set prices rather than letting market forces prevail, according to the DOJ.

The convictions were part of an ongoing investigation that had already resulted in guilty pleas from seven other companies accused of taking part in the conspiracy.

US authorities say victims of the scheme included manufacturers such as Apple, Hewlett-Packard and Dell, as well as families, schools, small businesses and government agencies that paid higher prices as a result.

"This long-running price-fixing conspiracy resulted in every family, school, business, charity and government agency who bought notebook computers, computer monitors and LCD televisions," deputy assistant attorney general Scott Hammond said Thursday.

The DOJ estimated that by the end of the conspiracy the worldwide market for LCD panels was valued at $70 billion annually.

Eight companies and a dozen former or current executives have been convicted of criminal charges stemming from the price-rigging investigation.

Thursday's sentences raised the cumulative amount of fines to $1.39 billion, according to prosecutors.

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Samsung 'disappointed' at US judge's tablet decision
Seoul (AFP) Sept 20, 2012 - Samsung Electronics said Thursday it was "disappointed" at a US judge's refusal to lift a ban on US sales of its tablet computer as it fights a long-running global legal battle with arch-rival Apple.

A California jury declared on August 24 that the South Korean electronics giant should pay Apple $1.049 billion in damages for illegally copying iPhone and iPad features for its flagship Galaxy S smartphones.

But the jury said Samsung did not abuse design patents that were the grounds for a temporary ban -- placed by US District Court Judge Lucy Koh in June -- on Galaxy Tab 10.1 device imports.

However, Koh wrote in a ruling Wednesday that she would grant Samsung's request to lift the ban if she could, but no longer had authority to make the call since the firm appealed to a higher court to have the ban overturned.

"We are disappointed by the court's decision. We will continue to take all appropriate measures to ensure consumer access to our innovative products," Samsung said in a statement Thursday.

Samsung and Apple -- respectively the world's number one and two smartphone makers -- have been at loggerheads over dozens of patent lawsuits in 10 nations, accusing each other of copying technologies and designs.

The decision on August 24 appeared to be an overwhelming victory for Apple, but it was not immediately clear whether it would halt sales of Samsung devices or affect newer models released since the case was filed.

Samsung has sold more than 20 million units of its latest Galaxy S III smartphones since its launch in late May and is set to soon release the newest version of the oversized Galaxy Note smartphones.

Apple, which previously filed patent infringement actions on earlier versions of the Galaxy S series, added Galaxy S III to the list in a fresh complaint filed on September 1, further intensifying pressure on Samsung.



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TECH SPACE
US judge won't lift Samsung tablet ban
San Francisco (AFP) Sept 19, 2012
A judge has refused to lift a ban on US sales of Samsung Galaxy Tab 10.1 tablet computers as legal brawling continued between the South Korean electronics titan and Apple. US District Court Judge Lucy Koh cancelled a Thursday hearing at which Samsung and Apple were to duel over a ban put in place before the start of a trial that ended with a huge victory for the California company. A jur ... read more


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