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Thinkpad (AXcess News) Washington - Elpida Memory Inc. (Elpida), a
Japanese manufacturer of dynamic random access memory (DRAM), has
agreed to plead guilty and to pay an $84 million fine for
participating in an international conspiracy to fix prices in the
DRAM market, the Department of Justice announced.
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Microsoft Including today's charge, four companies and five individuals
have been charged resulting in more than $730 million in fines from
the Department's ongoing antitrust investigation into price fixing
in the DRAM industry.
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Laptop Computers According to the two-count felony charge filed today in the U.S.
District Court in San Francisco, from April 1, 1999 to June 15,
2002, Elpida conspired with unnamed DRAM manufacturers to fix the
prices of DRAM sold to certain computer and server manufacturers.
The customers directly affected by the price- fixing conspiracy
were: Dell Inc., Compaq Computer Corporation, Hewlett-Packard
Company, Apple Computer Inc., International
Business Machines Corporation,
and Gateway Inc. In addition, Elpida conspired with an unnamed
DRAM manufacturer to rig a bid for a lot sold to Sun
Microsystems Inc. in March 2002. Under the plea agreement, which
must be approved by the court, Elpida has agreed to cooperate
with the
government in its ongoing
investigation of other DRAM producers. Upon entry of the plea
agreement with Elpida, the Department will also enter into
Cooperation and Non-Prosecution Agreements with Elpida's
corporate predecessors, NEC Corporation and Hitachi Ltd.
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Laptop Computer "Today's charge demonstrates our continuing commitment to
prosecute and deter cartels that harm American consumers," said
Thomas O. Barnett, acting assistant attorney general in charge of
the Department's Antitrust Division. "We are gratified to bring to
justice another member of the DRAM cartel, which is one of the
largest cartels ever discovered."
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Desktop Computer DRAM is the most commonly used semiconductor memory product,
providing high-speed storage and retrieval of electronic
information for a wide variety of computer, telecommunication, and
consumer electronic products. DRAM is used in personal computers,
laptops, workstations, servers, printers, hard disk drives,
personal digital assistants (PDAs), modems, mobile phones,
telecommunication hubs and routers, digital cameras, video
recorders and TVs, digital set top boxes, game consoles, and
digital music players. There were
approximately $7.7 billion in DRAM sales in the United States in
2004. Elpida is the world's fifth-largest DRAM manufacturer.
Notebooks Elpida is charged with carrying out the price-fixing conspiracy
by:
Lenovo -- Participating in meetings, conversations, and communications
in the United States and elsewhere with competitors to discuss the
prices of DRAM to be sold to certain customers;
Hard Drive -- Agreeing, during those meetings, conversations, and
communications, to charge prices of DRAM at certain levels to be
sold to certain customers;
Travelstar -- Issuing price quotations in accordance with the agreements
reached; and
Gateway -- Exchanging information on sales of DRAM to certain customers,
for the purpose of monitoring and enforcing adherence to the
agreed-upon prices.
Laptop Parts Elpida is charged with carrying out the bid-rigging conspiracy
by:
Software -- Participating in meetings, conversations, and communications
in the United States and elsewhere to discuss allocating (i.e.,
dividing up) a bid offered by Sun among themselves;
Hard Drives -- Agreeing, during those meetings, conversations, and
communications, to allocate a bid offered by Sun;
Electronics -- Allocating, in accordance with the agreements reached, a bid
offered by Sun among themselves, denying Sun a competitive
price;
Canon -- Participating in meetings, conversations, and communications
to discuss the submission of prospective bids for a bid offered by
Sun to purchase one lot of a particular DRAM product;
Desktop Pc -- Agreeing, during those meetings, conversations, and
communications, to submit complementary bids to ensure the success
of their agreement; and
Desktop Computers -- Submitting complementary bids for one lot of a particular
DRAM product, denying Sun a competitive price.
Think Pad "Elpida is the fourth company to agree to plead guilty to
price-fixing charges in our investigation of antitrust violations
in the DRAM industry," said Scott D. Hammond, the Antitrust
Division's Deputy Assistant Attorney General for Criminal
Enforcement. "Elpida will provide valuable assistance in our
continuing investigation of the DRAM industry."
Repair In October 2004, German manufacturer Infineon Technologies AG
pleaded guilty and was sentenced to pay a $160 million criminal
fine for its role in the DRAM conspiracy. In May 2005, Korean
manufacturer Hynix Semiconductor Inc. pleaded guilty and was
sentenced to pay a $185 million criminal fine. In November 2005,
Korean manufacturer Samsung Semiconductor Inc. and its parent
company Samsung Electronics Company Ltd. pleaded guilty and were
sentenced to pay a $300 million criminal fine.
Data Recovery Four Infineon executives, T. Rudd Corwin, Peter Schaefer, Gunter
Hefner, and Heinrich Florian, pleaded guilty to the DRAM
price-fixing conspiracy in December 2004. The Infineon employees
served jail terms ranging from four to six months and each has paid
a fine of $250,000. Three of the charged Infineon employees are
German citizens.
Cisco In December 2003, the Department charged Alfred P. Censullo, a
Regional Sales Manager for Micron Technology, Inc., with
obstruction of justice. Censullo pleaded guilty to the charge and
admitted to having withheld and altered documents responsive to a
grand jury subpoena served on Micron in June 2002. Censullo was
sentenced to serve six months of home detention.
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