Mitsubishi, Hitachi, and Toshiba Implicated in Memory Price Fixing Conspiracy

Discussion in 'Windows 7 Hardware' started by Mike, Jun 27, 2010.

  1. Mike

    Mike Windows Forum Admin
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    Do you remember if you bought memory between 1999 and 2002? If you did, bet you thought it was really expensive.

    A major memory price fixing conspiracy is currently undergoing settlement in the United States, in which nearly every major DRAM manufacturer has been implicated. The alleged price fixing is reaching a settlement stage and it appears most of the major players were involved. The lawsuit involves a price fixing conspiracy which violates US law, specifically, Section 1 of the Sherman Antitrust Act of 1890.

    Information is provided below from the source material sent to Windows 7 Forums by the firms involved in the case. If you purchased DRAM from 1999-2002 in the United States, you may have a valid claim in this class action lawsuit. Check your memory!

    Summary of Complaint:

    In June of 2005 a class action complaint alleging price-fixing in the Dynamic Random Access Memory ("DRAM") industry was filed against Defendants ElpidaMemory, Inc., Elpida Memory (USA) Inc., Hynix Semiconductor, Inc., Hynix Semiconductor America, Inc., Infineon Technologies AG, Mosel-Vitelic, Inc., Mosel Vitelic Corp., NEe Electronics America, Inc., Nanya Technology Corporation USA, Samsung Electronics Company, Ltd., Infineon Technologies North America Corp., Micron Technology, Inc.,
    Micron Semiconductor Products, Inc. through its Crucial Technology division, Samsung Semiconductor, Inc., Winbond Electronics Corporation, and Winbond Electronics Corporation America ("the earlier lawsuit").

    On January 25, 2010, Plaintiff filed a class action complaint against Mitsubishi Electric Corporation, Mitsubishi Electric and Electronics USA, Inc., Hitachi, Ltd., Toshiba America Electronic Components, Inc. and Toshiba Corporation alleging price ftxing.
    Plaintiff alleges in that lawsuit, as they did in the earlier lawsuit, that beginning on April 1, 1999 and continuing through June 30, 2002 that Defendants Mitsubishi Electric Corporation, Mitsubishi Electric and Electronics USA, Inc., Hitachi, Ltd., Toshiba America
    Electronic Components, Inc. and Toshiba Corporation and their co-conspirators named above engaged in an unlawful conspiracy to fix, raise, maintain and stabilize the prices of DRAM sold in the United States, in violation of Section 1 of the Sherman Act.
    Plaintiff claims that as a result of the alleged unlawful conspiracy, they and other members of the Class have paid more for DRAM than they would have absent the alleged conspiracy. Defendants Mitsubishi Electric Corporation, Mitsubishi Electric and
    Electronics USA, Inc., Hitachi, Ltd., Toshiba America Electronic Components, Inc. and Toshiba Corporation deny that they violated
    the antitrust laws.

    A Class was certified in the earlier filed lawsuit and settlements were reached with all defendants. Notices were previously mailed to Class Members about the earlier lawsuit and the proposed settlements. All settlements were approved, the actions were
    dismissed with prejudice and the settlement funds were distributed to Class Members who filed valid claims.

    The Mitsubishi, Hitachi, and Toshiba Settlement Classes are as follows:

    A. Mitsubishi Class:

    All individuals and entities who, at any time during the period beginning April 1, 1999 and continuing through June 30, 2002 (the "Class Period") purchased DRAM in the United States directly from Mitsubishi or any of its alleged co-conspirators, Elpida Memory, Inc., Elpida Memory (USA) Inc., Hynix Semiconductor, Inc., Hynix Semiconductor America, Inc., Infineon Technologies AG, Mosel-Vitelic, Inc., Mosel Vitelic Corp., NEC Electronics America, Inc., Nanya Technology Corporation USA, Samsung Electronics Company, Ltd., Infineon Technologies North America Corp., Micron Technology, Inc., Micron Semiconductor Products, Inc. through its Crucial Technology division, Samsung Semiconductor, Inc., WinbondElectronics Corporation, Winbond Electronics Corporation America, Hitachi, Ltd.; Toshiba America Electronic Components, Inc., Toshiba Corporation and each of their parents, subsidiaries or affiliates. The definitions of Class and Class Period herein do not limit the scope of the Release provided in paragraphs 13-15 of this [Settlement] Agreement. Excluded from the Class are Mitsubishi and its alleged coconspirators, their parents, subsidiaries, affiliates, and all governmental entities.

    B. Hitachi Class:
    All individuals and entities who, at any time during the period beginning April 1, 1999 and continuing through June 30, 2002 (the "Class Period"), purchased DRAM in the United States directly from Hitachi or its alleged co-conspirators Elpida Memory, Inc., Elpida Memory (USA) Inc., Hynix Semiconductor, Inc., Hynix Semiconductor America, Inc., Infineon Technologies AG, Mosel-Vitelic, Inc., Mosel Vitelic Corp., NEC Electronics America, Inc., Nanya Technology Corporation USA, Samsung Electronics
    Company, Ltd., Infineon Technologies North America Corp., Micron Technology, Inc., Micron Semiconductor Products, Inc. through its Crucial Technology division, Samsung Semiconductor, Inc., Winbond Electronics Corporation, Winbond Electronics
    Corporation America, Mitsubishi Electric Corporation and Mitsubishi Electric and Electronics USA, Inc.; Toshiba America Electronic Components, Inc., Toshiba Corporation and their parents, subsidiaries or affiliates. The definitions of Class and Class Period herein do not limit the scope of the Release provided in paragraphs 13-15 of this [Settlement] Agreement. Excluded from
    the class are Hitachi and its alleged co-conspirators, their parents, subsidiaries, affiliates, and governmental entities.

    C. Toshiba Class:

    All individuals and entities who, at any time during the period beginning April 1, 1999 and continuing through June 30, 2002 (the "Class Period"), purchased DRAM in the United States directly from the Defendants (including their parents, subsidiaries and affiliates), or any of their alleged co-conspirators Elpida Memory, Inc., Elpida Memory (USA) Inc., Hynix Semiconductor, Inc., Hynix Semiconductor America, Inc., Infineon Technologies AG, Mosel-Vitelic, Inc., Mosel Vitelic Corp., NEC Electronics America, Inc., Nanya Technology Corporation USA, Samsung Electronics Company, Ltd., Infineon Technologies North America Corp., Micron Technology, Inc., Micron Semiconductor Products, Inc. through its Crucial Technology division, Samsung Semiconductor, Inc., Winbond Electronics Corporation, Winbond Electronics Corporation America, Mitsubishi Electric Corporation, Mitsubishi Electric and Electronics U.S.A., Inc., Hitachi, Ltd., and each of their parents, subsidiaries or affiliates, and who did not by October 3, 2006, request exclusion from the c *** certified in the Court's June 5, 2006 Order, settle or release their claims, and/or whose claims are not otherwise precluded. Excluded from the Class are Defendants and their parents, subsidiaries, affiliates, all governmental entities, and alleged co-conspirators. The definitions of Class and Class Period herein do not limit the scope of the Release provided in paragraphs 13-15 of this [Settlement] Agreement.

    "DRAM" is defined to mean dynamic random access memory components, including without limitation, synchronous dynamic random access memory ("SDRAM"), Rambus dynamic random access memory ("RDRAM"), asynchronous dynamic
    random access memory ("ASYNC"), FPM DRAM, EDO DRAM, BEDO DRAM, and double data rate synchronous dynamic random access memory ("DDR") semiconductor devices and modules.

    The Court has designated Plaintiff Alan Preis as class representative.
    QUESTIONS?

    Call 1-866-483-9938 Toll-Free; Email: Dram@rustconsulting.com OR Visit http://www.dramantitrustsettlement.com

    (A PDF of the information listed above, with even more information about the scandal can be found here: http://windows7forums.com/memory_price_fixing.pdf)
     

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