Toshiba Cleared in Best Buy LCD Price-fixing Case, HannStar Ordered to Pay $7.5 Million | Practical Law

Toshiba Cleared in Best Buy LCD Price-fixing Case, HannStar Ordered to Pay $7.5 Million | Practical Law

In a case brought by Best Buy Co., Inc. seeking damages for an alleged price-fixing conspiracy by manufacturers of liquid crystal display panels, a federal jury cleared Toshiba Corporation of any wrongdoing and required HannStar Display Corp. to pay Best Buy approximately $7.5 million in damages.

Toshiba Cleared in Best Buy LCD Price-fixing Case, HannStar Ordered to Pay $7.5 Million

by Practical Law Antitrust
Published on 04 Sep 2013USA (National/Federal)
In a case brought by Best Buy Co., Inc. seeking damages for an alleged price-fixing conspiracy by manufacturers of liquid crystal display panels, a federal jury cleared Toshiba Corporation of any wrongdoing and required HannStar Display Corp. to pay Best Buy approximately $7.5 million in damages.
On September 3, 2013, a federal jury in In re TFT-LCD (Flat Panel) Antitrust Litigation cleared Toshiba Corp. of any wrongdoing regarding plaintiff Best Buy Co., Inc.'s charges that it participated in a price-fixing conspiracy for liquid crystal display (LCD) panels. Over similar charges, the jury directed HannStar Display Corporation to pay Best Buy approximately $7.5 million in damages. Best Buy, which sought damages in the hundreds of millions, filed the case against Toshiba and HannStar (and others who were not included in this verdict) in connection with the alleged price-fixing conspiracy by manufacturers of LCD panels. LCD panels are used in a range of products including computer monitors, laptops, televisions and mobile phones.
In its complaint, Best Buy alleged that from approximately January 1996 to December 2006, it continually paid higher prices to Toshiba and HannStar than it should have for LCD products due to the conspiracy. Best Buy sought damages for directly and indirectly purchasing the costlier panels. The jury found that Best Buy:
  • Did not prove that Toshiba knowingly participated in the price-fixing conspiracy.
  • Proved that HannStar knowingly participated in the price-fixing conspiracy.
  • Suffered damages from direct, but not indirect, purchases totaling $7,471,943.
This civil suit followed a lengthy DOJ investigation into price-fixing in the LCD industry. As of April 2013, the DOJ had fined eight companies over $1.39 billion in total fines, charged 22 executives and imprisoned 13, including foreign nationals, for jail terms ranging between six months and three years for participating in the conspiracy. The DOJ noted in 2012 that the affected volume of commerce for the entire conspiracy was $2.34 billion. In the DOJ's case against HannStar regarding the LCD conspiracy, HannStar pleaded guilty to price-fixing charges and agreed to pay $30 million in damages.
Court documents: