This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Antitrust
Price Fixing
LCDs

In re TFT-LCD (Flat Panel) Antitrust Litigation

Published: Sep. 29, 2012 | Result Date: Jul. 3, 2012 | Filing Date: Jan. 1, 1900 |

Case number: MDL No. 1827 Verdict –  $87,000,000

Court

USDC Northern


Attorneys

Plaintiff

Michael A. Geibelson
(Robins Kaplan LLP)

Laura E. Nelson

Roman M. Silberfeld
(Robins Kaplan LLP)

Bernice Conn

David Martinez
(Robins Kaplan LLP)


Defendant

Joanna Rosen

Belinda S. Lee
(Latham & Watkins LLP)

Daniel M. Wall
(Latham & Watkins LLP)

Yi-Chin Ho
(Hughes Hubbard & Reed)


Facts

Plaintiffs filed a class action lawsuit against most of the major producers of Thin Film Transistor Liquid Crystal Displays, more commonly known as LCDs, on behalf of direct purchasers of LCDs. LCDs, which are produced in panel form, are used in a variety of electronic devices, including laptop computers, monitors and televisions, as well as cell phones. From 1998 to 2006, plaintiffs alleged that defendants, including Toshiba, conspired to fix and stabilize the price of LCDs. Toshiba was the last remaining defendant. All other defendants have settled for just over $440 million in total.

In addition, in 2011, HannStar Display Corp. plead guilty to playing a role in a criminal conspiracy to fix prices, and paid $30 million in criminal fines.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiffs claimed that the defendants engaged in a conspiracy, which they effectuated through bilateral communications. The group meetings were known as "crystal meetings," where the parties would discuss various aspects of their conspiracy. They also worked together to establish prices, values for various attributes of panels, what to tell customers regarding the pricing, as well as coordinating and exchanging other information.

Result

The verdict against Toshiba was $87 million. That amount will be trebled in accordance with antitrust law, for a total of $261 million. Plaintiffs are also entitled to attorney's fees and costs. The prior settlements were to be set off against the verdict after trebling. Thus, the recoverable damages were zero. In recognition of this fact, the case is being settled at a level approximating costs, expenses and fees.

Deliberation

1.5 days.

Poll

unanimous

Length

six weeks


#96362

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390