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WASHINGTON – A Thin-Film Transistor-Liquid Crystal Display (TFT-LCD) producer and seller has agreed to plead guilty and pay $220 million in criminal fines for its role in a conspiracy to fix prices in the sale of liquid crystal display panels, the Department of Justice announced today.

According to a one-count felony charge filed today in U.S. District Court in San Francisco, Chi Mei Optoelectronics participated in a conspiracy to fix the prices of TFT-LCD panels sold worldwide from Sept. 14, 2001, to Dec. 1, 2006. According to the plea agreement, which is subject to court approval, Chi Mei has agreed to cooperate with the department’s ongoing antitrust investigation.

TFT-LCD panels are used in computer monitors and notebooks, televisions, mobile phones and other electronic devices. By the end of the conspiracy period, the worldwide market for TFT-LCD panels was valued at $70 billion. Companies directly affected by the LCD price-fixing conspiracy are some of the largest computer and television manufacturers in the world, including Apple, Dell and HP.

According to the charge, Chi Mei carried out the conspiracy by agreeing during meetings, conversations and communications to charge prices of TFT-LCD panels at certain pre-determined levels and issuing price quotations in accordance with the agreements reached. As a part of the conspiracy, Chi Mei exchanged information on sales of TFT-LCD panels for the purpose of monitoring and enforcing adherence to the agreed-upon prices.

Chi Mei, which is based in Tainan, Taiwan, is charged with price fixing in violation of the Sherman Act. Each violation carries a maximum fine of $100 million for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.

Anyone with information concerning illegal conduct in the TFT-LCD industry is urged to call the Antitrust Division’s San Francisco Field Office at 415-436-6660.

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WASHINGTON - A Taiwan thin-film transistor-liquid crystal display (TFT-LCD) panel producer and seller has agreed to plead guilty and to pay a $30 million criminal fine for its role in a global conspiracy to fix the prices of TFT-LCD panels, the Department of Justice announced today.

According to a one-count felony charge filed today in U.S. District Court in San Francisco, HannStar Display Corporation, based in Taipei, Taiwan, participated in a conspiracy from Sept. 14, 2001, to Jan. 31, 2006, to fix the prices of TFT-LCD panels sold worldwide. According to the plea agreement, which is subject to court approval, HannStar has agreed to cooperate with the department’s ongoing TFT-LCD investigation.

TFT-LCD panels are used in computer monitors and notebooks, televisions, mobile phones and other electronic devices. By the end of the conspiracy period, the worldwide market for TFT-LCD panels was valued at $70 billion. Companies directly affected by the LCD price-fixing conspiracy are some of the largest computer and television manufacturers in the world, including Apple, Dell and Hewlett Packard.

"The Antitrust Division has thus far charged seven companies and 17 executives as a result of its investigation into the LCD industry, and we are committed to vigorously prosecuting corporations and individuals who engage in this type of price fixing scheme," said Christine Varney, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division.

According to the charge, HannStar carried out the conspiracy by agreeing during meetings, conversations and communications to charge prices of TFT-LCD panels at certain pre-determined levels and issuing price quotations in accordance with the agreements reached. As a part of the conspiracy, HannStar exchanged information on sales of TFT-LCD panels for the purpose of monitoring and enforcing adherence to the agreed-upon prices.

Anyone with information concerning illegal conduct in the TFT-LCD industry is urged to call the Antitrust Division’s San Francisco Field Office at 415-436-6660 or visit www.justice.gov/atr/contact/newcase.htm.

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A federal grand jury in San Francisco has indicted the largest Taiwanese maker of thin-film transistor-liquid crystal display (TFT-LCD) panels, its U.S. subsidiary and six executives for participating in a conspiracy to fix TFT-LCD prices, the U.S. Department of Justice said Thursday.

The indictment, filed Thursday in U.S. District Court for the Northern District of California, charges AU Optronics with participating in a worldwide LCD price-fixing conspiracy between September 2001 and December 2006. The company, U.S. subsidiary AU Optronics America and the six executives charged all participated in the price-fixing conspiracy, the DOJ said in a press release.

TFT-LCD panels are used in computer monitors and laptops, television sets, mobile phones and other electronic devices. At the end of 2006, the worldwide market for TFT-LCD panels was US$70 billion, the DOJ said. Companies directly affected by the price-fixing conspiracy include some of the largest computer and television manufacturers in the world, including Apple, Dell and Hewlett-Packard, the DOJ said.

According to the one-count felony charge, AU Optronics and its executives agreed to fix prices of TFT-LCD panels during meetings and issued price quotes in accordance with the agreements reached. Executives from AU Optronics and its American subsidiary also exchanged information on sales of TFT-LCD panels for the purpose of monitoring and enforcing adherence to the agreed-upon prices.

AU Optronics, which is based in Hsinchu, Taiwan, AU Optronics Corporation America and six of its executives are charged with price fixing in violation of the U.S. Sherman Act. The maximum penalty for the conviction of a Sherman Act violation is 10 years in prison, a $1 million fine for individuals and a $100 million fine for corporations. The fines can be increased to twice the gain derived from the crime or twice the loss suffered by victims.

In the DOJ’s ongoing investigation into LCD price fixing, six companies have pleaded guilty and have been sentenced to pay criminal fines totaling more than $860 million. Including Thursday’s indictment, 17 executives have been charged.

AU was formed in September 2001 by the merger of Acer Display Technology and Unipac Optoelectronics, according to the company’s Web site. In October 2006, AU merged with Quanta Display to create a company with 17 percent of the world’s large-sized TFT-LCD market.

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The US prosecutors have alleged that the firm"s executives held various meetings with rival manufacturers over the past few years in a bid to inflate LCD prices.

The firm said it had also submitted evidence to show that it had priced its panels lower than the "so-called crystal prices from 2001 to 2006", which it said proved that it did not participate in any of price fixing.

"Whether anything that might have occurred during meetings in Taiwan fell within the scope of US law. The jury"s verdict does not answer that crucial question."

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b. WHEN WE RESPOND TO SUBPOENAS, COURT ORDERS, AND LEGAL PROCESSES, OR ACQUIRE AND EXCERCISE OUR LEGAL RIGHTS. SHOULD ANY DISPUTE ARISE BETWEEN THE USER AND THE WEBSITE, THE USERS AGREE THAT THE TAIPEI DISTRICT COURT OF TAIWAN WILL BE THE JURSIDICTIONAL COURT OF THE FIRST INSTANCE;

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View on Westlaw or start a FREE TRIAL today, Taiwan LCD Producer Agrees to Plead Guilty and Pay $30 Million Fine for Participating in LCD Price-Fixing Conspiracy, Secondary Sources

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The price of a 20-inch LCD monitor could drop by about 3.4 percent in the second half of the month, however, TV panel prices are expected to hold steady

Prices for liquid-crystal-display (LCD) panels used in monitors may begin to fall by as much as 3.4 percent in the second half of this month, ending a six-month uptrend as supply and demand reach parity, market researcher DisplaySearch said in its latest report.

Prices for monitor panels are expected to drop the fastest as “monitor panels with 16:9 aspect ratio are reversing to ­oversupply,” DisplaySearch said. “Monitor brands and original electronics manufacturers are becoming cautious about inventories on concerns about price erosion next quarter.”

A 20-inch LCD monitor with 16:9 aspect ratio may drop US$3, or 3.4 percent, to US$85 per unit in the second half of this month, from US$88 in the first half, DisplaySearch’s statistics showed.

The “slow season for the LCD sector [is] kicking in one to two months earlier, driven by continued negative newsflow on a hard landing for the LCD sector in the fourth quarter,” HSBC Securities analyst Frank Su (蘇�? said in a report issued last week.

The speculation may push panel buyers to trim orders before visibility of sell-though improves, Su said. He originally expected the slow season to begin in December.

The report said panel makers are managing to hold their price quotes for TV screens steady for the next two weeks as they “are seeing increasing demand from Europe,” the world’s biggest LCD TV market, the report said.

The Chinese market was a major export destination for local panel makers over the past two quarters, as demand in the world’s major TV markets, the US and Europe, were sluggish because of the economic turbulence.

HSBC retained an “overweight” rating on the nation’s top LCD panel maker AU Optronics Corp (友達光電), South Korean LG Display Co Ltd and Taiwan’s Innolux Display Inc (群創光電).

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Innolux Corp. is engaged in the manufacture and sale of thin-film-transistor liquid-crystal display and touch panel modules. It offers television, desktop monitors and notebook computer, audio and video, and mobile panels. It also offers glass, film, and one glass capacitive touch panels. The company was founded on January 14, 2003 and is headquartered in Miaoli, Taiwan.

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According to TrendForce, LCD TV panel quotations bore the brunt of continuous downgrades in the purchase volume of TV brands and pricing for most panel sizes have fallen to record lows. Recently, it was announced that the 32-inch and 43-inch panels fell by approximately US$5~US$6 in early June, 55-inch panels fell approximately US$7, and 65-inch and 75-inch panels are also facing overcapacity pressure, down US$12 to US$14. In order to alleviate pressure caused by price decline and inventory, panel makers are successively planning to initiate more significant production control in 3Q22. According to TrendForce’s latest research, overall LCD TV panel production capacity in 3Q22 will be reduced by 12% compared with original planning.

As Chinese panel makers account for nearly 66% of TV panel shipments, BOE, CSOT, and HKC are industry leaders. When there is an imbalance in supply and demand, a focus on strategic direction is prioritized.  According to TrendForce, TV panel production capacity of the three aforementioned companies in 3Q22 is expected to decrease by 15.8% compared with their original planning, and 2% compared with 2Q22. Taiwanese manufacturers account for nearly 20% of TV panel shipments so, under pressure from falling prices, allocation of production capacity is subject to dynamic adjustment. On the other hand, Korean factories have gradually shifted their focus to high-end products such as OLED, QDOLED, and QLED, and are backed by their own brands. However, in the face of continuing price drops, they too must maintain operations amenable to flexible production capacity adjustments.

TrendForce indicates, in order to reflect real demand, Chinese panel makers have successively reduced production capacity. However, facing a situation in which terminal demand has not improved, it may be difficult to reverse the decline of panel pricing in June. However, as TV sizes below 55 inches (inclusive) have fallen below their cash cost in May (which is seen as the last line of defense for panel makers) and is even flirting with the cost of materials, coupled with production capacity reduction from panel makers, the price of TV panels has a chance to bottom out at the end of June and be flat in July. However, demand for large sizes above 65 inches (inclusive) originates primarily from Korean brands. Due to weak terminal demand, TV brands revising their shipment targets for this year downward, and purchase volume in 3Q22 being significantly cut down, it is difficult to see a bottom for large-size panel pricing. TrendForce expects that, optimistically, this price decline may begin to dissipate month by month starting in June but supply has yet to reach equilibrium, so the price of large sizes above 65 inches (inclusive) will continue to decline in 3Q22.

TrendForce states, as panel makers plan to reduce production significantly, the price of TV panels below 55 inches (inclusive) is expected to remain flat in 3Q22. However, panel manufacturers cutting production in the traditional peak season also means that a disappointing 2H22 peak season is a foregone conclusion and it will not be easy for panel prices to reverse. However, it cannot be ruled out, as operating pressure grows, the number and scale of manufacturers participating in production reduction will expand further and it timeframe extended, enacting more effective suppression on the supply side, so as to accumulate greater momentum for a rebound in TV panel quotations.

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According to media reports out of Asia, buyers of large lots of 32-inch open-cell LCD panels – mostly destined for television production – are paying around $54-$59 per panel. In some cases, even lower prices are available. This price is about 40% lower than the price of that panel one year ago.

One report noted that in just the first quarter of 2016, the price of a 42-inch LCD panel is now $115, fully 8% lower than at the end of December. The same situation exists in the PC market as well. One report noted that the price of a 15.6-inch LCD display, destined for a notebook PC, is now only $25.50 down 10% since the end of December.

While dropping panel prices can be good news for consumers, who are finding great deals on televisions and computers around the world – it is terrible news for the industry, as profits get pressured…or eliminated altogether. Most markets are reporting dramatic drops in television pricing – even on the step-up 4K Ultra HD televisions – on which many brands hoped to realize more profit on this latest video technology.

Although the LCD panel industry had expected an increase in 2016, it now appears that the best they can hope for us flat shipments. And even that dismal estimate may be optimistic. Industry insiders are now forecasting sales of 224 million panels globally – about the same level as 2015.

The global economic slowdown has caused a dramatic drop-off in television sales. Most manufacturers had targeted increased panel sales in developing markets. But as it has turned out, sales declines globally have offset whatever gains they’ve been able to make in these newer markets.

A report by the Nikkei points out that China’s BOE Technology Group, as well as other Chinese LCD panel makers, are ramping up production in this environment and are guilty of fueling a price war. IHS, a U.S. market research company, estimates that production capacity for panels 9.1-inches or larger will exceed demand by 14% this year. This amount is well beyond a more normal rate of 10% or less.

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The TFT-LCD (Flat Panel) Antitrust Litigationclass-action lawsuit regarding the worldwide conspiracy to coordinate the prices of Thin-Film Transistor-Liquid Crystal Display (TFT-LCD) panels, which are used to make laptop computers, computer monitors and televisions, between 1999 and 2006. In March 2010, Judge Susan Illston certified two nationwide classes of persons and entities that directly and indirectly purchased TFT-LCDs – for panel purchasers and purchasers of TFT-LCD integrated products; the litigation was followed by multiple suits.

TFT-LCDs are used in flat-panel televisions, laptop and computer monitors, mobile phones, personal digital assistants, semiconductors and other devices;

In mid-2006, the U.S. Department of Justice (DOJ) Antitrust Division requested FBI assistance in investigating LCD price-fixing. In December 2006, authorities in Japan, Korea, the European Union and the United States revealed a probe into alleged anti-competitive activity among LCD panel manufacturers.

The companies involved, which later became the Defendants, were Taiwanese companies AU Optronics (AUO), Chi Mei, Chunghwa Picture Tubes (Chunghwa), and HannStar; Korean companies LG Display and Samsung; and Japanese companies Hitachi, Sharp and Toshiba.cartel which took place between January 1, 1999, through December 31, 2006, and which was designed to illegally reduce competition and thus inflate prices for LCD panels. The companies exchanged information on future production planning, capacity use, pricing and other commercial conditions.European Commission concluded that the companies were aware they were violating competition rules, and took steps to conceal the venue and results of the meetings; a document by the conspirators requested everybody involved "to take care of security/confidentiality matters and to limit written communication".

Companies directly affected by the LCD price-fixing conspiracy, as direct victims of the cartel, were some of the largest computer, television and cellular telephone manufacturers in the world. These direct action plaintiffs included AT&T Mobility, Best Buy,Costco Wholesale Corporation, Good Guys, Kmart Corp, Motorola Mobility, Newegg, Sears, and Target Corp.Clayton Act (15 U.S.C. § 26) to prevent Defendants from violating Section 1 of the Sherman Act (15 U.S.C. § 1), as well as (b) 23 separate state-wide classes based on each state"s antitrust/consumer protection class action law.

In November 2008, LG, Chunghwa, Hitachi, Epson, and Chi Mei pleaded guilty to criminal charges of fixing prices of TFT-LCD panels sold in the U.S. and agreed to pay criminal fines (see chart).

The South Korea Fair Trade Commission launched legal proceedings as well. It concluded that the companies involved met more than once a month and more than 200 times from September 2001 to December 2006, and imposed fines on the LCD manufacturers.

Sharp Corp. pleaded guilty to three separate conspiracies to fix the prices of TFT-LCD panels sold to Dell Inc., Apple Computer Inc. and Motorola Inc., and was sentenced to pay a $120 million criminal fine,

Seven executives from Japanese and South Korean LCD companies were indicted in the U.S. Four were charged with participating as co-conspirators in the conspiracy and sentenced to prison terms – including LG"s Vice President of Monitor Sales, Chunghwa"s chairman, its chief executive officer, and its Vice President of LCD Sales – for "participating in meetings, conversations and communications in Taiwan, South Korea and the United States to discuss the prices of TFT-LCD panels; agreeing during these meetings, conversations and communications to charge prices of TFT-LCD panels at certain predetermined levels; issuing price quotations in accordance with the agreements reached; exchanging information on sales of TFT-LCD panels for the purpose of monitoring and enforcing adherence to the agreed-upon prices; and authorizing, ordering and consenting to the participation of subordinate employees in the conspiracy."

On December 8, 2010, the European Commission announced it had fined six of the LCD companies involved in a total of €648 million (Samsung Electronics received full immunity under the commission"s 2002 Leniency Notice) – LG Display, AU Optronics, Chimei, Chunghwa Picture and HannStar Display Corporation.

On July 3, 2012, a U.S. federal jury ruled that the remaining defendant, Toshiba Corporation, which denied any wrongdoing, participated in the conspiracy to fix prices of TFT-LCDs and returned a verdict in favor of the plaintiff class. Following the trial, Toshiba agreed to resolve the case by paying the class $30 million.

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