共謀操縱價格，違反美托辣斯法新聞剪輯

[JC]

Four Executives Agree to Plead Guilty in Global LCD Price-Fixing
Conspiracy
Thu Jan 15, 5:24 pm ET


To: TECHNOLOGY EDITORS


Contact: U.S. Department of Justice Office of Public Affairs,
+1-202-514-2007, TDD, +1-202-514-1888


WASHINGTON, Jan. 15 /PRNewswire-USNewswire/ -- Executives from LG
Display Co. Ltd. and Chunghwa Picture Tubes Ltd. have agreed to plead
guilty and serve jail time in the United States for participating in a
global conspiracy to fix prices in the sale of Thin Film Transistor-
Liquid Crystal Display (TFT-LCD) panels, the U.S. Department of
Justice announced today.


According to a one-count felony charge filed today in U.S. District
Court in San Francisco, Chang Suk "C.S." Chung, a Korean LG executive,
conspired with unnamed employees from other panel makers to suppress
and eliminate competition by fixing the prices of TFT-LCD panels from
on or about Sept. 21, 2001, to on or about June 1, 2006. According to
a separate one-count felony charge, also filed today in U.S. District
Court in San Francisco, Chieng-Hon "Frank" Lin, a Taiwanese former
executive from Chunghwa, and Chih-Chun "C.C." Liu and Hsueh-Lung
"Brian" Lee, Taiwanese current employees of Chungwha, are charged with
participating in the same conspiracy at various times during the
period from Sept. 14, 2001, to on or about Dec. 1, 2006.


Under the plea agreements, which must be approved by the court, all
four executives have agreed to serve a term of imprisonment, pay a
criminal fine and assist the government in its ongoing TFT-LCD
investigation.


TFT-LCD panels are used in computer monitors and notebooks,
televisions, mobile phones, and other electronic devices. In 2006, the
worldwide market for TFT-LCD panels was approximately $70 billion.


"These cases involve the first Taiwanese nationals to face
imprisonment in the United States for an antitrust offense," said
Deborah A. Garza, Acting Assistant Attorney General in charge of the
Antitrust Division. "The Department of Justice is committed to holding
accountable all conspirators who harm American consumers, no matter
where they live or where they commit the crime."


During the conspiracy, Chang Suk Chung, a Korean citizen, worked as
LG's Vice President of Monitor Sales. Under the plea agreement, Chung
has agreed to serve a seven-month prison sentence in the United States
and pay a $25,000 criminal fine.


During the charged conspiracy period, Chieng-Hon Lin, a Taiwanese and
U.S. citizen, was Chunghwa's Chairman and Chief Executive Officer.
Under the plea agreement, Lin has agreed to serve a nine-month prison
sentence in the United States and pay a $50,000 criminal fine.


Chih-Chun Liu, a Taiwanese citizen, was Chunghwa's Vice President of
LCD Sales during the charged conspiracy period. Under the plea
agreement, Liu has agreed to serve a seven-month prison sentence in
the United States and pay a $30,000 criminal fine.


Hsueh-Lung Lee, a Taiwanese citizen, held various sales positions at
Chunghwa during the charged conspiracy period, including Vice
President of LCD Sales. Under the plea agreement, Lee has agreed to
serve a six-month prison sentence in the United States and pay a
$20,000 criminal fine.


These four foreign-based executives were charged with participating
with co-conspirators in a conspiracy that was accomplished by:



-- 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.


"These are the first individuals to plead guilty to a charge of fixing
prices in this active investigation into antitrust violations in the
TFT-LCD industry," said Scott D. Hammond, the Antitrust Division's
Deputy Assistant Attorney General for Criminal Enforcement. "We will
continue in our efforts to bring to justice other domestic and foreign-
based executives who were involved with fixing TFT-LCD prices."


On Dec. 15, 2008, LG pleaded guilty to participating in this
conspiracy and was sentenced to pay a $400 million criminal fine - the
second largest fine in Antitrust Division history. On Jan. 14, 2009,
Chunghwa pleaded guilty to participating in the same conspiracy and
was sentenced to pay a $65 million criminal fine.


On Dec. 16, 2008, 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.


The four executives are charged with price fixing in violation of the
Sherman Act, which carries a maximum fine of $1 million and up to 10
years in prison for an individual. 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.

These pleas are the result of a joint investigation by the Antitrust
Division's San Francisco Field Office and the Federal Bureau of
Investigation in San Francisco.

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

SOURCE U.S. Department of Justice

http://news.yahoo.com/s/usnw/20090115/pl_usnw/four_executives_agree_to_plead_guilty_in_global_lcd_price_fixing_conspiracy/print

*****
侵犯反托辣斯法 華映罰21億了事

【聯合晚報╱記者嚴珮華/台北報導】 2009.01.16 03:12 pm


華映公司表示，這個判決是針對個人部份，有關美國司法部所指控，中華映管股份有限公司曾於2001年9月到2006年12月之間，與其他之TFT-
LCD製造商，對於面板價格之不當競爭行為，中華映管與美國已於去年11 月13日與美國司法部達成協議，華映同意支付6500萬美元的罰金 (折合新
台幣為21.5億元左右)的罰金，目前已在逐月攤提當中。

而今日是美司法部針對個人部份，指控其LCD面板製造商員工，共謀以操縱價格的手段「壓制與消除」競爭，違反美托辣斯法，包括華映前董事長林鎮弘、董事
長特助劉治軍與業務副總李學龍，以及LG公司的鄭章徐 (譯音)，除將支付2 萬到5萬美元 (約台幣66萬6000元到166萬5000元)的罰金，
並將赴美服刑6到9個月。

今日華映表示，關於個人部份，何時赴美服刑，將由被控個人及律師代表回答，而華映無法對外表示任何意見。目前林鎮弘已無職務，劉治軍為董事長特助，而李
學龍為華映業務副總。

【記者王聖藜/台北報導】

針對華映前董事長林鎮弘等人遭美國司法部判刑一事，律師鄭克盛指出，廠商聯合壟斷價格的行為，在台灣雖也有公平交易法的適用、有刑責要追究，但被處罰人
身自由刑者，少之又少，美方的判決提醒廠商「市場是全球的」，應以公平精神制定價格，否則只好退出全球市場，代價不輕。

鄭克盛還指出，如果林鎮弘等人就認罪協商的事反悔，美國司法部的檢察官有權力撤銷他們的刑度，並重新起訴，求處更嚴重之刑。


【2009/01/16 聯合晚報】 @ http://udn.com/