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|NewsletterHynix Semiconductor has been fined $185m for price fixing in the DRAM market by the US justice department. The penalty follows last year’s $160m fine for price fixing by Infineon Technologies.
"This case shows that high-tech price-fixing cartels will not be tolerated," said US attorney general Alberto Gonzales.
However, US DRAM producer Micron Technology will not be penalised.
Last year, in response to an article in Electronics Weekly, Micron announced: "Micron has indicated it is cooperating fully and actively with the DOJ. Micron’s cooperation is pursuant to the terms of the DOJ's Corporate Leniency Policy, which provides that in exchange for Micron's full, continuing and complete cooperation in the pending investigation, Micron will not be subject to prosecution, fines, or other penalties."
Micron CEO Steve Appleton stated: "Although a recent Electronics Weekly article suggested that I believe it is not possible to control prices in this industry and that the DOJ’s investigation is theoretical, neither is the case. The DOJ’s investigation revealed evidence of price fixing by Micron employees and its competitors on DRAM sold to certain computer and server manufacturers.
"Nevertheless, if Micron fully complies with the Corporate Leniency Policy, Micron will not be subject to criminal sanctions or fines, notwithstanding Micron’s involvement in the misconduct," he continued.
Computer makers which complained about the price-fixing, which took place between April 1999 and June 2002, were Dell, Compaq, HP, Apple and IBM, said Scott Hammond, head of the criminal enforcement section of the antitrust division at the US Justice Department.
Two other DRAM manufacturers, Samsung of Korea and Nanya of Taiwan, are defendants in a related class-action lawsuit brought by consumers.