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RAM Manufacturers Fined for Price Fixing

TufelKinder writes "From Law.com: 'In the largest fine ever obtained by San Francisco antitrust prosecutors, a Korean company has agreed to plead guilty and pay $185 million for its role in a conspiracy to drive up the price of computer chips.' Micron and Infineon have also been fined for their role in the scheme." From the article: "It's the third-largest fine of its kind in the United States, and it could be just a preview of even bigger penalties. The far-reaching computer chip investigation, which alleges wrongdoing from 1999 through 2002, affects thousands of consumers."

51 of 216 comments (clear)

  1. Your honor, I don't have that memory by ishmalius · · Score: 5, Funny

    Honest

    1. Re:Your honor, I don't have that memory by game+kid · · Score: 2, Funny

      Prosecutor: "Did you, at any moment, raise your RAM prices?"

      Defendant: "I do not recall, sir."

      Prosecutor: "So you're a memory company and you don't remem--"

      Attorney: "Objection!"

      Judge: "What grounds?"

      Attorney: "Argumentative."

      Judge: "Overruled. You run a memory company, at least buy some of your product, dammit."

      Defendant: "Understood, Your Hon--"

      Judge: "You, just shut up."

      --
      You can hold down the "B" button for continuous firing.
  2. Thanks a lot.... by Solder+Fumes · · Score: 4, Insightful

    So the money goes to who, instead of the customers?

    1. Re:Thanks a lot.... by michael+path · · Score: 4, Funny

      No, no, no. This money goes to WHOM.

    2. Re:Thanks a lot.... by VivianC · · Score: 4, Insightful

      The Lawyers. It always goes to the lawyers. We'll get stupid coupons or something.

      --
      Viv

      Gmail invites for ip
    3. Re:Thanks a lot.... by Sheepdot · · Score: 4, Funny

      Enforcing DMCA litigation in San Francisco. What?!? Did you really think the government would give it back to you?

      Of the 185 million, half goes to the court costs on the part of the government (92.5 million). Half of that goes to lawyers (46 million). Half of that goes to the expert witnesses (23 million). Half of that goes to the "betterment of society" committee, that takes a look at how RAM prices affect San Francisco's children (11 million).

      Another half gets lost in the bureaucratic mix (6 million). Half of that goes to fun a failed municipal wireless project (3 million). And the other 3 million goes back to the good citizen's of San Francisco in the form of a park or statue or something else people can look at and talk proudly of how their government provides them with so much.

      Just makes you damn proud to be an American, doesn't it? I know I am!

    4. Re:Thanks a lot.... by AKAImBatman · · Score: 2, Informative

      Got 'ya. The way it was phrased, I thought you were saying that the money was coming from DMCA enforcement. I hereby retract my comment about "FUD" and offer an apology.

  3. Wow by koreaman · · Score: 3, Interesting

    Ram is pretty cheap as it is, it's gonna be awesome if somehow prices drop even more because of this.

    1. Re:Wow by Hatta · · Score: 2, Interesting

      Ram is pretty cheap as it is, it's gonna be awesome if somehow prices drop even more because of this.

      I have plenty of ram as it is. What the hell am I gonna do with 2gigs?

      Anyway, what I'm wondering is if this company made more from the price fixing than it lost from the fine. Somehow I suspect it did.

      --
      Give me Classic Slashdot or give me death!
    2. Re:Wow by timeOday · · Score: 4, Insightful

      Eh? My perception is the opposite. RAM prices seem to have hardly budged in a year, which is strange.

    3. Re:Wow by Archon · · Score: 5, Insightful

      I have plenty of ram as it is. What the hell am I gonna do with 2gigs?

      I'm old enough to remember a Radio Shack employee telling me that I'd never need more than 4K of RAM. Or of an Apple employee telling me some years later that I'd never need more than a 5 MB HD. Or now of you, asking what they'd ever do with 2 GB of RAM.

      The more RAM, the less has to be done in a HD. I don't ever turn my computers off as it is and leave as many apps running as possible. Things are always just a click away and my access to things is nearly instantaneous. This is what I want, and I always want more.

    4. Re:Wow by Jorkapp · · Score: 2, Funny

      2 gigs? You can do amazing things with 2 gigs.

      To start, you can cache Windows to a ramdrive to speed things up a little, or if you're a linux zealot, you can cache an entire Knoppix LiveCD to a ramdrive, and have all the more space on your HD.

      Of course, you could always cache pr0n videos to a ramdrive for uber-smooth playback.

      --
      Frink: Nice try floyd, but you were designed for scrubbing, and scrubbing is what you shall do.
  4. So by Neil+Blender · · Score: 5, Funny

    Will they pass the cost onto the consumer?

  5. US retailers by Isopropyl · · Score: 4, Insightful
    "Last year, nearly $8 billion worth of DRAM was sold in the United States. Customers touched by Hynix's illegal activities include Dell Inc., Compaq Computer Corp., Hewlett-Packard Co., Apple Computer Inc., International Business Machines Corp. and Gateway Inc., according to the Justice Department."
    This affects a lot of consumers. I wonder what the involvement of each individual retailer was?
    1. Re:US retailers by hawk · · Score: 2, Insightful

      Pretty much the same: paying too much for RAM.

      hawk

    2. Re:US retailers by Sheepdot · · Score: 2, Informative

      This affects a lot of consumers. I wonder what the involvement of each individual retailer was?
      Well, here's what Dell did. My guess is that most just paid up, or took Dell's route and closed certain models and re-released. It looks like Apple actually raised the price of a few models to compensate.

      A good deal of them actually just side-stepped the companies altogether after some time. A few million is pocket change to a company like Hynix with a market cap of 5.8 billion. They'll just release a few hundred thousand new shares or so. Doesn't look like their stock price has been affected at all. Up 4.99% today.

  6. Well done, lads. by blueadept1 · · Score: 5, Funny

    This has got to be a wake-up call to major corporations. This goes to show that price-fixing will not be tolerated in the tech industry. Now perhaps we could get this to extend to other industries such as DVD's/CD's, and maybe even OIL!

    Okay, okay, I admit it, I'm drunk.

    1. Re:Well done, lads. by StratoChief66 · · Score: 3, Insightful

      No, they probably made ten times that from the price fixing, so the cost of doing the price fixing is still less than the benifits, so it was still worth it. Corporations don't have morals, they have cost/benifit analysis depts.

      --
      Frylock: "We should have cloned twenties, Jackson wouldn't have given a fuck."
    2. Re:Well done, lads. by Anonymous Coward · · Score: 2, Insightful

      Except it's only illegal in the US because collusion is illegal. OPEC isn't subject to our laws.

    3. Re:Well done, lads. by Intron · · Score: 2, Insightful

      The next generation wafer fab lines will cost ~$10B. All of which has to be paid off out of the sales of RAM chips. Since memory is a commodity part, buyers will always go to the cheapest source, so whoever is willing to accept the lowest margins wins. Unless everyone agrees to a minimum price.

      This isn't a cost/benefit argument, its a life or death decision to the manufacturers.

      --
      Intron: the portion of DNA which expresses nothing useful.
  7. Memory is already cheap by ZeeExSixAre · · Score: 2, Insightful
    Comparatively, I thought even high-quality memory was cheap compared to other components of a computer, especially since they usually run at higher clock speeds than the processor. That they were price-fixed comes at a bit of a surprise to me.

    What does this mean for RAM prices in the near and far future?

    Will OEMs keep prices where they are now and pocket the difference? Or will they lower prices?

  8. well thats just great by 1evilmonkey · · Score: 4, Funny

    Yay so I can use the money I will save on RAM and put it towards high gas prices.

    --
    crap
  9. I'm waiting by waldoiverson · · Score: 3, Funny

    *looks at $2.00 per meg PC-133 chips* ... ... ... *waits for class action lawsuit notification*

  10. $185M sounds like a lot, but... by pr0t0 · · Score: 4, Interesting

    How much did they make during that time?

    I'm often dissappointed in fines like this when I find out that the execs did a little jail time, paid a fine, but still have 6 Lamborghinis in the garage. It's important to implement fines that are severely punishing...like the people involved would have been WAY better off not pulling this kind of crap. The should be destitute. I can't stomach the wealth accumulated on the backs of the bruised.

    I'm not saying that's what is going on here, I don't know. It just makes me sick when most people involved still come out ahead, and there is maybe one or two sacrificial lambs.

    --
    I'm sorry, but your opinion seems to be wrong.
    1. Re:$185M sounds like a lot, but... by timeOday · · Score: 2, Interesting
      Theoretically corporations are people -- so why should "they" not be subject to the equivalent of life imprisonment (or the death penalty, depending on the jurisdiction)?
      The intention is good, but IMHO the Corporate Death Penalty is based on a false assumption - that corporations really are people. They aren't, regardless of the law. Corporations don't have feelings or free will, so putting them to death is no deterrent if all the principals just move on to other opportunities (while the lower level workers, who had little say in the first place, are hit much harder).

      No, I think the solution is to reconsider the conception of the corporation as a person, and its role as legal scapegoat. Let's see some accountability for the real people behind the corporate misdeeds.

    2. Re:$185M sounds like a lot, but... by HardCase · · Score: 2, Informative

      How much did they make during that time?

      Hynix: lost $7.5 billion
      Micron: lost $2.8 billion
      Infineon: lost $2 billion
      Elpida: no net profit data available
      Samsung: who knows? They make every dang thing in the world. They don't lose money, but I'd bet that they didn't make any from memory back then.

      Anyway, draw your own conclusions...

  11. Re:Price Fixing... by gunnk · · Score: 5, Insightful

    The cost of gas is shooting up to sky-high levels for many reasons:

    a) OPEC has too much pricing power over crude oil
    b) available supply is falling (it's finite)
    c) demand is climbing (China, anyone?)
    d) it's REALLY hard to get permission to build refineries in the U.S.

    If seems to me that claiming "price fixing!" in this case is perfect example of the H.L. Mencken quote:

    For every complex problem, there is a solution that is simple, neat, and wrong.

    --
    Life is short: void the warranty.
  12. Clever move by Micron by ctk76 · · Score: 4, Interesting

    After joining/initiating price fixing with its competitors and making good profits, you rat out on your competitors without paying the fines.

    1. Re:Clever move by Micron by FuturePastNow · · Score: 2, Funny

      I'm sure it was a crucial part of their plan.

      --
      Give a man fire, and you warm him for the night. Set a man on fire, and you warm him for the rest of his life.
  13. heh by Renraku · · Score: 5, Insightful

    Actually, the price of RAM will probably go up after this so said companies can afford to pay off their fines without reaching into their own pockets.

    When a telephone company gets fined, where does the money come from? Increased prices/fees.

    When an energy company gets fined, where does the money come from? Increased prices/fees.

    When a car maker gets fined, where does the money come from? Increased prices/fees.

    Why do you think this will be any different? They're just going to do it again, and not get caught.

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    1. Re:heh by Jeff+DeMaagd · · Score: 2, Insightful

      It depends. Telephone companies are still somewhat regulated in many areas. Same with energy companies. Among those regulations are price regulations.

      If one carmaker gets fined, and they raise their prices, that makes the competitor's cars more attractive.

  14. Re:Hey by DaHat · · Score: 2, Interesting

    The problem with such a plan is nations that are part of OPEC are full members, not some company mind you, but the government itself. Regulation of the oil industry would be far harder as it would directly involve the host nations who tend to like to do what they want on their own soil where they directly make the laws.

  15. Re:Price Fixing... by mbourgon · · Score: 4, Funny

    Allow me to add another Mencken quote:
    The American public knows what it wants, and deserves to get it. Good and hard.

    --
    "Sometimes a woman is a kind of religion, she can save your soul & set you free from all your sins" - Bad Examples
  16. this wasn't a class action by hawk · · Score: 3, Informative

    This was the government. It's a fine. Fines go to the government.

    There have been additional claass action suits filed, which will make the ambulance chasers, err, plaintiff's lawyers, wealthy while producing almost nothing for the customers.

    hawk

  17. Re:give it back! by Humorously_Inept · · Score: 2, Informative

    It absolutely does, minus the 184 million dollar legal fee the lawyers get for enabling justice on your behalf, of course.

    --

    ~Someday, I hope to be an aspiring author.
  18. You know... by rootedgimp · · Score: 3, Insightful

    this stuff happens all the time. its just usually there isnt enough hard evidence to do anything about it. as scary as it sounds, though, in big business nothing is a mistake. i bet you 186 million that that money is going to end up back in the hands of the people that started this price fix to begin with. anyway, maybe im over paranoid when it comes to money. perhaps it has something to do with the fact that the federal reserve isnt owned by the usa, and every president that attempted to change that died under odd circumstances or was assassinated. anyway, nothing to see here, go back to earning your ink'd papers. god help us all.

  19. As settlement, each San Fran resident... by Anonymous Coward · · Score: 4, Funny

    ...will receive a 32MB stick of PC 66 memory.

  20. How much profit? by ehiris · · Score: 5, Insightful

    I wonder how much they profited. The fine for the top music industry companies was about $143 million but due to price fixing consumers were overcharged $480 million. That's a profit of about $337 million.

  21. Re:I remember this by mikael · · Score: 2, Interesting

    RAM is a commodity, much like LCD displays, CPU's, and GPU's.

    By itself, it isn't very useful, but when combined with other systems (desktops, laptops, PDA's, mobile phones, handheld consoles), it becomes a very useful item.

    As with all commodities, the price will always go up whenever demand exceeds supply. And the suppliers will always try to achieve this; either by sophisticated marketing to boost demand (eg. the diamond market, the power generators warning of a shortage of electricity) or by matching reducing supply to match demand (OPEC, the RAM market).

    --
    Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  22. Cartels by jeff_schiller · · Score: 2, Funny

    "This case shows that high-tech price-fixing cartels will not be tolerated" But oil cartels? Bring it on...I'm paying $2.30/gallon out here in the midwest...

  23. Re:Price Fixing... by Jherek+Carnelian · · Score: 2, Informative

    The cost of gas is shooting up to sky-high levels for many reasons:

    Don't forget - the devaluation of the American dollar.

    Even though oil is officially priced in US dollars, that does not make its pricing tied to the value of the dollar. Since oil has intrinsic value, if the value of the US dollar goes down, the price of oil must go up so as to roughly maintain value parity.

  24. Re:Price Fixing... by timeOday · · Score: 3, Insightful
    What evidence do you have that the gas companies are price fixing? That gas is expensive? It's a finite resource in high demand. Welcome to the way economics works.
    By "the way economics works," I hope you don't just mean fair market forces like supply and demand.

    First, a lot of oil comes from OPEC, which is (openly) a cartel. They have well-publicized meetings every few months to fix oil prices.

    Then there are the brokers and refiners. We have audio tapes of Enron execs laughing as they caused California's energy crisis of a few years ago by needlessly shutting down suppliers, in order to drive prices through the roof.

    Then there's geopolitics. i.e. invading Iraq and then declaring Frace won't be getting any of the oil because they're uncooperative, then getting mad when we discover they weren't obeying our Oil For Food program.

    I'm not saying basic economics is irrelevant, but let's not pretend Econ 101 is the real world either.

  25. How about diamonds? by grumpyman · · Score: 2, Insightful

    de Beers has been doing that for years without getting sued.

  26. Awesome! by ryanw · · Score: 3, Informative

    So now they have a REAL reason to charge more for the memory. Sounds like a solution to benifit the consumers for sure! How much of the $185 million went to lawyers and lawfirms and how much of that is going back to the consumers? $0.18 checks aren't worth crap to the consumer that bought the memory at the 'fixed rate'. Cause in the end, the consumers get nothing back from a suit like this except paying more for the memory in the future because of the impact of the lawsuit. The lawyers make out like a bandit! Why else do imagine these lawsuits exist?

  27. Re:Price Fixing... by dgatwood · · Score: 2, Informative
    I think "inflation" is a misnomer. We don't have inflation... at least not really. IMHO, we have a general trend towards deflation, with a few markets that are going up so much that they more than make up for the general trend.

    The things I can think of that are going up in price these days are:

    • Food
    • Petrol
    • Automobiles
    • Housing
    • Other luxury items
    With the exception of the first two (food and fuel), everything else is an extremely high-ticket item that you buy very rarely. The day-to-day cost of living expenses like cheap manufactured goods, clothing, etc. have been tending to decrease in price as we find more third-world countries to exploit^w^w^w^w^w^wcome up with newer, more automated means of production to reduce the cost.

    The cost of electronics is the most extreme example, showing a very severe downward trend, but this deflation applies to other things as well. All that sweat-shop clothing has driven textiles way down. Chinese knock-offs are starting to really cut the prices on random non-electronic equipment---I bought a precision torque wrench for $12 that would have cost $60 ten or fifteen years ago, and a Chinese-made ribbon mic for less than the cost of a replacement ribbon for a vintage ribbon mic....

    I'm not saying everything is going down, but I would say the majority of things are, from what I've seen. The ones that aren't are either things that can't be reasonably manufactured overseas and imported (food, beverages, fuel) or are situations where the supply is being artificially stifled to drive up prices (fuel again, automobiles, housing).....

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  28. Parentheses mean a LOSS by HardCase · · Score: 2, Informative

    According to Hoovers, Hynix's NET income for 2000-2002 was $7.5 Billion with a "B".

    Better look at those numbers again. Hynix's net LOSS was $7.5 billion over that time period.

  29. There are also applications that can use it by Sycraft-fu · · Score: 2, Interesting

    I do work with music synthesis and man, can that shit eat RAM. I have a sample DVD of a drumkit, just a normal trap set with 5 toms, a selection of cymbals and so on. It's 2.4GB, oh and it's the small one. Their full one, with all different styles of kits (like using brushes instead of sticks) is 35GB (comes on 4 DVDs). The same company makes an orchestral sample set with basically all instruments from an orchestra in 3 different mic positons. 68GB.

    Now the sampler technology is advanced enough that it can load just the start of the samples in RAM and then stream off the disk as needed, but there's limits to that (only so fast the disk can go) and you still need part in RAM. Eating up the 2GB I have is cake, and I don't even have the really big sample sets.

    Now pro apps like those aside, normal apps will grow to use the memory, if it's available. Games can almost always use more memory, if for no other reason than to eliminate any kind of load times (by loading more data further ahead). I'm sure most game makers would like to use more RAM than they do. However, you won't sell many games if you require something most people don't have. If RAM prices go down and amounts go up, they'll start using more.

    Some games already do. World of Warcraft just isn't happy unless you have a GB of RAM. It'll run on less, but you'll find it lagging and stuttering as it scrambles to get the graphics off the disk. You give it a GB, it gets pretty happy and smooth.

  30. And yet Microsoft by gillbates · · Score: 2, Insightful
    can put others out of business running an illegal monopoly, and get off scott free...

    Something tells me these folks didn't buy the right judges...

    --
    The society for a thought-free internet welcomes you.
  31. What the hell am I gonna do with 2gigs? by nurb432 · · Score: 4, Funny

    Boot longhorn?

    --
    ---- Booth was a patriot ----
  32. Re:Close... by Draknor · · Score: 2, Informative

    If we begin drilling in ANWR and restart the pumps throughout Texas, California, and other states, we can do a lot to lower the price of crude.

    And if we don't, as the price of crude continues to rise alternative energy sources will become more economically feasible and attract greater investment.

    You'll notice a common thread: It is environmental activism that is really causing the most significant increase in your gas prices. Get rid of that and you can enjoy your sweet nectar for a more reasonable price. And remember: The purpose of the environmentalists wackos is not to fix the environment, but to shut down our economy and destroy our capitalism.

    Wow - way to go FUD-Master! You should see if Microsoft or the RIAA is hiring....

    No, environmentalists are not out to "destroy our capitalism." At its economic heart, environmental regulations seek to minimize externalities You can build a refinery, but that refinery is going to cause air pollution, water/ground-water contamination, and environmental degradation. It's going to affect the plants and the animals in the immediate area as well as downwind or downstream. It's going to cause health problems for people.

    TANSTAAFL - if you're going to build a refinery, you've got to pay for all of these damages you are going to cause, or pay to prevent them. Gov't regulations are one mechanism to force you to do that, because you're not going to do it out of the "goodness" of your profit-seeking capitalistic heart.

    I hope gas prices keep going up, and that creative entrepreneurs in this country find new ways to generate and conserve energy in a profitable way. These are your true capitalists - not Exxon Mobil, Shell, and BP.

  33. Re:Close... by jafac · · Score: 2, Funny

    We need to lighten the regulation and we need to allow more and bigger refineries to be built.

    I've ggt a good idea!
    Let's install the refinery in YOUR backyard, with no environmental regulations. 'k?

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.