This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. For an official signed copy, please contact the Antitrust Documents Group.

NIALL E. LYNCH (State Bar No. 157959)
MICHAEL L. SCOTT (State Bar No. 165452)
HEATHER S. TEWKSBURY (State Bar No. 222202)
ALEXANDRA J. SHEPARD (State Bar No. 205143)
DAVID J. WARD (State Bar No. 239504)
Antitrust Division
U.S. Department of Justice
450 Golden Gate Avenue
Box 36046, Room 10-0101
San Francisco, CA 94102
Telephone: (415) 436-6660

Attorneys for the United States

FILED E-filing

09 AUG 25 9:0

RICHARD
CLERK, U.S. DISTRICT COURT OF
SAN FRANCISCO DIVISION



UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION



UNITED STATES OF AMERICA,    

                  v.

EPSON IMAGING DEVICES CORPORATION,  

                  Defendant.


)
)
)
)
)
)
)
)
)
)         
Case No. CR 09-0854-MHP

INFORMATION

VIOLATIONS:
Title 15, United States Code,
Section 1 (Price Fixing)

San Francisco Venue

Date Filed: 08/25/2009

Docket Number: 1



The United States of America, acting through its attorneys, charges:

DESCRIPTION OF THE OFFENSE

1. EPSON IMAGING DEVICES CORPORATION ("defendant") is made a defendant on the charge stated below.

2. From in or about the fall of 2005 to in or about the middle of 2006, defendant and its coconspirators entered into and engaged in a combination and conspiracy in the United States and elsewhere to suppress and eliminate competition by fixing the prices of thin-film transistor liquid crystal display panels ("TFT-LCD") sold to Motorola Inc. ("Motorola") for use in Razr mobile phones. The combination and conspiracy engaged in by the defendant and its coconspirators was in unreasonable restraint of interstate and foreign trade and commerce in violation of Section 1 of the Sherman Act (15 U.S.C. § 1).

3. The charged combination and conspiracy consisted of a continuing agreement, understanding, and concert of action among the defendant and its coconspirators, the substantial terms of which were to agree to fix the prices of TFT-LCD to be sold to Motorola for use in Razr mobile phones.

4. For the purpose of forming and carrying out the charged combination and conspiracy, the defendant and its coconspirators did those things that they combined and conspired to do, including, among other things:

  1. participating in bilateral meetings, conversations, and communications in Japan and the United States to discuss the prices of TFT-LCD to be sold to Motorola;
  2. agreeing, during those bilateral meetings, conversations, and communications, to charge prices of TFT-LCD to be sold to Motorola at certain predetermined levels;
  3. issuing price quotations in accordance with the agreements reached; and
  4. exchanging information on sales of TFT-LCD sold to Motorola, for the purpose of monitoring and enforcing adherence to the agreed-upon prices.

DEFENDANT AND COCONSPIRATORS

5. EPSON IMAGING DEVICES CORPORATION is a corporation organized and existing under the laws of Japan. During the period covered by this Information, Sanyo Epson Imaging Devices Corporation, a joint venture between Seiko Epson Corporation and Sanyo Electric Co., Ltd. and a corporation organized and existing under the laws of Japan, engaged in the business of producing and selling TFT-LCD to customers in the United States and elsewhere. Effective December 28, 2006, Sanyo Epson Imaging Devices Corporation became a wholly owned subsidiary of Seiko Epson Corporation and changed its name to EPSON IMAGING DEVICES CORPORATION.

6. Various corporations and individuals, not made defendants in this Information, participated as coconspirators in the offense charged in this Information and performed acts and made statements in furtherance of it.

7. Whenever in this Information reference is made to any act, deed, or transaction of any corporation, the allegation means that the corporation engaged in the act, deed, or transaction by or through its officers, directors, employees, agents, or other representatives while they were actively engaged in the management, direction, control, or transaction of its business or affairs.

TRADE AND COMMERCE

8. TFT-LCD are glass panels composed of an array of tiny pixels that are electronically manipulated to display images. TFT-LCD are manufactured in a broad range of sizes and specifications for use in televisions, notebook computers, desktop monitors, mobile devices, and other applications.

9. During the period covered by this Information, the defendant and its coconspirators sold and distributed TFT-LCD in a continuous and uninterrupted flow of interstate and foreign trade and commerce to customers located in states or countries other than the states or countries in which the defendant and its coconspirators produced TFT-LCD.

10. The business activities of the defendant and its coconspirators that are the subject of this Information were within the flow of, and substantially affected, interstate and foreign trade and commerce.

JURISDICTION AND VENUE

11. The combination and conspiracy charged in this Information was carried out, in part, in the Northern District of California, within the five years preceding the filing of this Information.

/ / /

/ / /

/ / /

/ / /

/ / /

ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.

_______________/s/________________
Christine A. Varney
Assistant Attorney General

_______________/s/________________
Scott D. Hammond
Deputy Assistant Attorney General

_______________/s/________________
Marc Siegel
Director of Criminal Enforcement

United States Department of Justice
Antitrust Division



_______________/s/________________
Joseph P. Russoniello
United States Attorney

_______________/s/________________
Phillip H. Warren
Chief, San Francisco Office

_______________/s/________________
Niall E. Lynch
Assistant Chief, San Francisco Office

_______________/s/________________
Michael L. Scott
Heather S. Tewksbury
Alexandra J. Shepard
David J. Ward
Attorneys
United States Department of Justice
Antitrust Division
450 Golden Gate Avenue
Box 36046, Room 10-0101
San Francisco, CA 94102
(415) 436-6660