Big Three fined 585 million U.S. dollars by the global panel or the collective action
Global LCD panel ruled that U.S. courts giant price-fixing conspiracy
Recently, a San Francisco court ruling to LG, Sharp, Samsung and other global giants into the LCD panel
"Impasse." The court file shows, the judge found the panel giant conspiracy to fix prices, leading to downstream enterprises, consumers pay a high cost.
At the same time, the court found that this is a class action case in 1999 and 2006 either directly or indirectly buy buy LCD panel LCD TVs, monitors and other products customers and consumers are on the panel makers may sue for compensation.
In response to these events, yesterday (May 4), exclusive was informed that Beijing law firm Lehman has ties with the United States Hausfeld of lawyers are being called Chinese enterprises to join transnational litigation, to the panel manufacturer for damages.
Yesterday, the reporter called related businesses, TCL, Lenovo, Aigo, Hisense and other enterprises have said: "not informed of relevant information." And Changhong said it was studying, Skyworth said it needs further observation.
Insiders pointed out that this is only a start, it is foreseeable that future global panel plant could face massive class action.
Three companies fined for price-fixing large sums of money
It is understood that since the survey in December 2006, when the U.S. Department of Justice, the EU Trade Commission, Japan and South Korea's Fair Trade Commission has to Samsung, LG, Sharp,
NEC, as well as China Taiwan of four panel makers sent a suspected monopoly and manipulation of the price of anti-monopoly investigation panel.
U.S. Department of Justice to intervene in a survey, LG, Sharp and Chunghwa Picture Tubes admitted that limit by between manufacturing price-fixing conspiracy. In the period 2001 to 2006, LG and Chunghwa Picture Tubes together to drive up sales to more than the price of LCD panels; Sharp and other LCD panel makers together to drive up to Dell, Motorola and Apple computer sales prices of LCD panels. Justice found that the three companies to exchange information, co-conspiracy in the offer to reach an agreement.
In response, the United States in 2008 and 2009 the court ruled, LG, Sharp, Chunghwa Picture Tubes paid 585 million U.S. dollars three huge criminal fines, which also became the monopoly of the third-largest fine in history, second only to vitamin manufacturers in 2001 7.52 100 million U.S. dollars and 2005, DRAM prices Union 729 million U.S. dollars.
It is understood that Sharp have to pay a fine of 120 million U.S. dollars, depending on the three affected vendors - Dell, Motorola and Apple. Among them, the Dell since April 2001 to December 2006 have been purchased between the involved components used to manufacture computer monitors and notebook computer screens; Motorola from the fall of 2005 to June 2006 have been purchased between the components involved in manufacturing Razr phone; and Apple in September 2005 to
In December 2006 during the production of iPod music players also use the components involved.
Department of Industry hidden rules?
According to industry sources, from
2001, master the LCD panel core technology of only 10 companies, including South Korea 2, Japan 3, China Taiwan 5, these enterprises in 2001 to 2005 have adopted a joint price-fixing practices, such as plasma panel Xingye Company Similarly, such a behavior, it is the unspoken rules panel industry.
The source pointed out that the LCD panel related to from the phone, MP3 to a series of flat-panel TV product prices, which account for flat-panel TVs, LCD monitors and other costs of about 50% to 60%, once the panel industry in 2004 reached the highest point of profit, the average more than 30% of profits. "LCD manufacturers monopoly price, consumers will ultimately pay the price on those who become the price-fixing."
Purchasing department of a television company disclosed that China-related enterprises often face shortages of the cold shoulder, because the giants in the procurement of these panels tend to give priority to purchase relatively large demand for Hewlett-Packard, Dell and other companies, this result is that China's relevant enterprises to want to take the cost of arrival to pay more.
In this regard, Yang Dongwen, vice president of Skyworth Group, said in an interview, compared to billions of dollars in purchases of international giants, China's flat panel TV maker purchases two years ago only a few 100 thousand, the lack of procurement experience scale more injustice. "2009 panel supply, China's flat-panel TV business in the procurement panel refused to sell even encountered the phenomenon." Yang Dongwen said.
Appliances observers Luo Qingqi that, LCD panel industry is suffering from the iron ore industry, general business experience, that is, Chinese companies often fighting single-handedly purchase panel, which led to the procurement costs than Japanese and Korean enterprises to high 5% to 10%, resulting in flat-panel TV business has lost the price advantage.
Luo Qingqi, said home appliances to the countryside with the policy of expanding domestic demand and triple play in the major trend of China's LCD panel business "and the necessary fuel," the rigid requirements, and this giant through the supply chain for the panel to control the tension in the "bargaining power" to provide space.
Difficult for Chinese enterprises to collective action into reality?
Perhaps the U.S. court ruling is a good Chinese companies.
It is understood that the panel price-fixing case affects at least a million U.S. consumers, they use computers, mobile phones and many household appliances have since included components involved in the case by him (her) interests are compromised.
In response, responsible for Lehman lawsuit law firm in Beijing Hao Junbo that the scope of collective action may be further expanded view of the fact that these businesses have been identified as the United States and the European Union constitutes a price conspiracy, and these producers management and sales throughout the world, no doubt related enterprises in China is the victim has the right to claim.
"If the U.S. or the EU to join the current litigation, these companies do not have a separate prosecution, which is conducive to the plaintiff Chouji litigation financing and negotiations." Haojun Bo pointed out that the lawyers working with foreign liaison and coordination, and prepare relevant documentation and translation.
However, Hao Junbo said, because business is to buy, so they are easy to calculate the losses should be more. Consumers to buy products from many vendors products, small amount of their losses on the one hand, while not easy to calculate. In addition, companies involved in litigation or consumers also need to provide receipts or invoices for purchases like evidence.
"We are now multiple channels to contact with the company, hoping to further delegate." Hao Junbo said.
Next, the willingness of domestic firms on the panel giants launch joint anti-trust prosecution, is still too early to say, after all, expensive and time-consuming litigation is another matter, the domestic anti-monopoly agency has not set a precedent a similar survey. Yesterday, the call-related business, TCL, Lenovo, Aigo, Hisense, etc. Most companies said that the "not informed of relevant information."
However, China Electronic Chamber of Commerce, said the Deputy Secretary-General Lu Renbo, on the one hand, the current focus of our panel upstream technology giants in the hands of these panels; other hand, the BOE and other panel production business also needs some cycles, which determine the relevant Big companies need to look at these panels of "face."
Changhong TV Ministry of Justice official said, has already expressed concern that the relevant information, are also being studied, but no specific comments.
"For the Chinese television companies abroad to fight cross-border litigation is rather strange." Yang Dongwen pointed out that Skyworth has no further intention, further understanding of observation.
A color TV enterprises not to be named told, as panel industry concentration, allowing domestic enterprises do not dare to "offend" the panel involved in giant, fear of affecting the company's panel of procurement authority. "This kind of thing to take the lead from the household electrical appliance enterprises will be better then?" The source said.