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Samsung, Toshiba, Others Accused of LCD Price-Fixing

GovTechGuy writes "Toshiba, Samsung, Sharp, LG and other major technology companies allegedly colluded to fix the prices of LCD screens used in televisions and computers, according to an antitrust suit filed Friday by New York Attorney General Andrew Cuomo. The complaint alleges that top-level executives at those firms attended secret meetings on a monthly or quarterly basis where they agreed upon minimum prices, price targets, increases and rates to be charged to specific computer manufacturers. The suit also accuses the companies of exchanging product information, agreeing to output levels and keeping prices artificially high by avoiding competition. Cuomo is seeking hundreds of millions of dollars in damages and punitive charges for the alleged overcharging of state institutions."

47 of 269 comments (clear)

  1. We will see... by Pharmboy · · Score: 4, Interesting

    We will see what comes out in court, although I'm holding back judgement until I see the evidence. If they are doing what the complaint alleges, then yes, fine them enough to discourage them (and others) in the future, ie: heavily. Personally I'm glad to see a bit of consumer protection going on for a change. The FTC has become pretty much useless over the last few decades.

    --
    Tequila: It's not just for breakfast anymore!
    1. Re:We will see... by poetmatt · · Score: 2, Insightful

      I hope they get around to hard drive price fixing too. It's been going on for 10 years now.

    2. Re:We will see... by geekoid · · Score: 2, Insightful

      Since the price of HD keeps falling like rock, I doubt it.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:We will see... by sexconker · · Score: 4, Insightful

      We will see what comes out in court, although I'm holding back judgement until I see the evidence. If they are doing what the complaint alleges, then yes, fine them enough to discourage them (and others) in the future, ie: heavily. Personally I'm glad to see a bit of consumer protection going on for a change. The FTC has become pretty much useless over the last few decades.

      Fine them?
      This is the problem.
      There is no punishment.

      JAIL the ones responsible - the CXOs and board members.
      FORCE the company to sell their products at government-determined fair prices or FORBID them from doing business in the US.

      Problem fucking SOLVED.

    4. Re:We will see... by Beer+Drunk · · Score: 2, Interesting

      One of these days the foreign manufacturers will realize that America is broke and they don't need us anymore as customers since all we do is buy things with money we borrow from their countries and probably can't pay back. We will then revert to a stone age civilization since all our manufacturing has been exported to other places and the lawyers can sue each other for hides and buffalo dung etc.

    5. Re:We will see... by eiMichael · · Score: 2, Interesting

      Exactly. They conspired against the free market. You know what we used to do to the people that did that? Look back at McCarthy. Your ass would be blacklisted and you could no longer play with others that followed the rules. They would also spare no expense at throwing the legal system at you (regardless of the legality of their arguments).

      Weather or not I agree with what happened back then it is plain to see just how different the American public feels about protecting their Free Market these days.

    6. Re:We will see... by LordLucless · · Score: 5, Insightful

      If you could go after people working for a company personally then nobody would work for a company

      Just like if you could go after a contractor directly, nobody would be a contractor? Oh wait, you can, and there are. I'm pretty much on the far right politically, when it comes to economics. But I still don't necessarily support the idea of the corporate shield. Capitalism and corporatism are two separate concepts, and one can support one without the other.

      Besides, the buck should stop with those who make the decisions, not those who are forced to carry them out. Removing the corporate shield wouldn't make working for a company any more dangerous - just running one. And I think we've seen enough examples lately to know that their just plain isn't sufficient accountability at that level of corporate management - the corporate shield is being abused.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  2. Its always interesting to see these allegations by jpolonsk · · Score: 3, Interesting

    In areas where prices are dropping rapidly its interesting that they are able to find price fixing. It used to be memory now I guess it's moved on to screens.

    1. Re:Its always interesting to see these allegations by Pharmboy · · Score: 5, Informative

      RTFA, it covers 1996 to 2006, a time when prices were still pretty damn high. I know, I have a $600 20" monitor from that era.

      --
      Tequila: It's not just for breakfast anymore!
    2. Re:Its always interesting to see these allegations by jpolonsk · · Score: 2, Funny

      I could have had a 24 inch screen for under $200 4 years ago if it weren't for the price fixing.

    3. Re:Its always interesting to see these allegations by commodore64_love · · Score: 2, Informative

      I bought a 21" CRT for $70 (2006).

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  3. Par for the course by RiddleofSteel · · Score: 5, Insightful

    Sadly this is one of the biggest problems with out country today. The biggest bane to Capitalism is a monopoly. And unfortunately almost every major product we buy be it power, automobiles, computers, food, media, etc. has a group of three or four huge companies that completely control that market. They get together and price fix, control the market, and even control the laws and regulations that are supposed to keep them in check. These types of collusion are no good except for the people at the top of these companies and their stock holders.

    1. Re:Par for the course by tlhIngan · · Score: 4, Insightful

      Sadly this is one of the biggest problems with out country today. The biggest bane to Capitalism is a monopoly. And unfortunately almost every major product we buy be it power, automobiles, computers, food, media, etc. has a group of three or four huge companies that completely control that market. They get together and price fix, control the market, and even control the laws and regulations that are supposed to keep them in check. These types of collusion are no good except for the people at the top of these companies and their stock holders.

      Actually, monopolies are the goal of capitalism. It's the ideal end-game - to own the entire market. If you can't own it, then you'll either acquire your competition, or collude to ensure that everyone can go home with big fat paycheques and bonuses and lots of cash. And that's the goal of a capitalistic society - to earn as much money as possible.

      What threatens a monopoly the most is the young startup who dares to disturb whatever nice arrangement you have making money. Which a monopoly or a collusion would go and prevent by either outright purchasing the new competition, or make it impossible for it to survive, by dumping.

      Monopolies are allowed and legal, however, governments tend to institute measures to ensure that monopolies don't abuse their power (leveraging a monopoly in one area to gain it on another, dumping to drive competition out of business, etc).

    2. Re:Par for the course by Grishnakh · · Score: 4, Insightful

      The thing is, market forces work so that companies naturally merge to only 3 or 4 main competitors when an industry is mature. When the industry is young, sure, there's lots of smaller competitors. But as the industry matures, the poorer competitors die out, and others merge together, and eventually there's only 3 or 4. At this time, these larger companies are able to take advantage of economies of scale that smaller competitors cannot, and as the industry and technology is mature, new small competitors can't bring any new innovation to the table that outweighs their lack of brand recognition and economies of scale. We saw this in the automotive industry, and many others.

      In a healthy market with a mature industry, 3 or 4 main competitors is the most efficient. The catch is, you need a decent government in place which oversees them and makes sure that they don't form a cartel or collude in any way to screw over the customers. Without any government regulation, you'll either end up with a cartel/oligopoly, or a monopoly, and then you don't have a free market at all, since there's no real competition and no choice for the consumers.

      Unfortunately, the Rand-worshiping free-market fans almost always forget about the role government has in ensuring the marketplace remains a level playing field. (And those who oppose the free-market Randians want a giant centralized government that basically micromanages everything.)

    3. Re:Par for the course by FooAtWFU · · Score: 3, Insightful
      Capitalism is a system. Systems hate it when you anthromorphize them.

      Monopoly profits may be the goal of capitalists, but when they're not colluding (or when there are low enough barriers to entry that it doesn't matter, which may not be the case here, especially with patents involved) other capitalists just stab each other in the back (business-wise) so they can get their share. Eventually, they're just making normal profits, and it's not all that interesting, so they can go off and do other things with their money.

      That's the "everyman" take-away, anyway.

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    4. Re:Par for the course by haruchai · · Score: 5, Funny

      Systems hate it when you anthromorphize them.

      Do systems love it when they're not anthromorphized? Can I hurt the feelings of systems by ascribing feelings to them?

      --
      Pain is merely failure leaving the body
    5. Re:Par for the course by Timothy+Brownawell · · Score: 4, Informative

      Monopolies aren't legal in the US, unless they first ask permission from the government (an exclusive contract).

      This is not true.

      Pay attention to what our occasional anti-trust cases are actually about. They're never "X has a monopoly", they're "X has been engaging in anti-competitive behavior", "X has been abusing their monopoly on Y to cheat in market Z", etc.

    6. Re:Par for the course by Rockoon · · Score: 2, Interesting

      Yes, economies of scale are a valid argument, despite whatever you're smoking. Bigger companies can buy in bigger quantities, and get better discounts.

      Companies can enter the market as a big player. This can be a new startup with a lot of investors, or an existing company entering a new market. If you dont address that point then you are just repeating the refuted argument.

      As far as Standard Oil, it was broken up and rightly so. But you are forgetting that Standard Oil's main leverage was railroad discrimination, and the existing railroads had a government protected monopoly. The government created Standard Oil's advantage.

      --
      "His name was James Damore."
  4. Forget price fixing, what about resolution fixing? by Fry-kun · · Score: 5, Interesting

    Whose ass do you have to sue to get some highres monitors around here?

    --
    Did you know that "FTW" ("for the win") is a direct translation of "Sieg Heil"?
  5. isn't this everywhere though by TravisHein · · Score: 2, Interesting

    such as any telco company, VOIP termination provider, or even gasoline?

    1. Re:isn't this everywhere though by Bill,+Shooter+of+Bul · · Score: 2, Informative

      or even gasoline?

      Yeah ... ever hear of OPEC ? They basically do this at a multi national level. Although, I really don't know if the price would be any different if they didn't. Demand has almost outstripped supply capacities.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    2. Re:isn't this everywhere though by runner_one · · Score: 2, Interesting

      I have never understood this. Every few months we hear about a new round of companies in trouble for price fixing for one product or another.
      Yet OPEC gets together and does it right out in the open, heck their meetings are on the network news, and we just bend over and take it up the pooper.
        I just don't get it.

    3. Re:isn't this everywhere though by Antisyzygy · · Score: 2, Interesting

      Well, they are subject to our borders. Unfortunately we cannot continue existing without their oil. Its completely the fault of our senators and presidents for the last 25 years for allowing such a dependence to occur. It is a blatant security threat. We should be beating their old asses up for it.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
  6. sounds familiar by gandhi_2 · · Score: 2, Interesting

    agreeing to output levels and keeping prices artificially high

    Sounds familiar.

  7. now we can get to... by sevenfactorial · · Score: 5, Interesting

    This is great. Hopefully in the near future we can address price fixing in everything else, like text-messages, internet service, cell phone service .... etc etc etc.

    What happened to trust busting?

    1. Re:now we can get to... by jmerlin · · Score: 2, Insightful

      To offset the insane price markup on text messaging, it's going to need to cost each one of those companies some billions of dollars. They've been doing it forever, charging $5/month for 300 texts or $20/month for unlimited, when in fact it costs them $0.000000 for each text message. That markup nears infinity, it's clearly a massive scam, too bad the FCC is too busy failing in every way possible, if we had a real FCC texting would be free already. To be honest, how has this texting scam remained so long? Would charging people per e-mail while simultaneously charging them for internet service last this long?

  8. Re:Not enough by commodore64_love · · Score: 5, Interesting

    >>>Punish price-fixing by price-fixing, at least for a period.

    (1) That's unconstitutional. The New York Constitution does not grant such a power as "price fixing".

    (2) There's no need for such extremes. When the record companies were caught price-fixing CDs (thereby forming an illegal cartel), they were ordered by the courts to refund ~$25 to all their customers, so that erased any illicit profits they had earned.

    (3) And then the free market was left to its own devices, and the cost of CDs plummeted from $13 to $9 within a year, since the cartel was no longer allowed to operate. The same will happen to LCDs too, after the price-fixing cartel is broken-up.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  9. Maybe price fixing isn't so bad by mc6809e · · Score: 2, Interesting

    Under fixed prices, they could worry less about lowering prices and instead concentrate on quality and eliminating dead pixels.

    But what we see instead is cut-throat competition on price that lowers quality. The same thing happened to the airlines after deregulation. Under regulation, prices were fixed. They now compete on price only and quality has suffered.

    Sometimes competition on price can be destructive. Jobs are lost, quality suffers, and ultimately monopolies emerge after competitors have been driven out of business.

  10. Re:Good thing I bought a plasma... by damn_registrars · · Score: 2, Informative

    And higher power use

    On the order of 30-50% higher than an LCD. Not exactly an enormous difference; most people would never see the difference in their electric bill as the consumption would still be drowned out by their refrigerator.

    screen burn in(which is not fixed just covered up)

    Not much of an issue on any plasma made in the last 5-10 years. The manufacturers have been aware of the problem and implemented several techniques to pretty well reduce the rate of burn-in to negligible; more LCDs have dead pixels now than plamsas have burn-in.

    and reflections worse than any CRT ever had

    I don't know what kind of lighting you were watching a plasma on back in the 90s, but that issue has been pretty well quashed as well. Sure, they need glass fronts as opposed to the LCDs with their plastic fronts, that is a requirement for the gas pressure. But we do have more than one way to make glass now...

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  11. Time for stronger laws by erroneus · · Score: 4, Insightful

    We need jail time for decision makers. I mean serious jail time. We have seen this over and over and over again with chips and LCDs and CDs and all manner of things like this. It's not as if they don't know it's illegal. They KNOW it is illegal. It is time to either make this type of behavior legal or to get serious about the punishment. Corporations are too often shields for unethical, unlawful, immoral, inhumane, harmful and illegal behavior. When the "corporation" takes all the risk, what is to stop individuals from persisting?

  12. Don't confuse brands with manufacturers. by Anonymous Coward · · Score: 2, Insightful

    You're confusing what are basically brands with manufacturers.

    Many of the automotive companies you listed make cars for one another. That ends up rendering them more as brands, rather than outright manufacturers. Even then, many of them buy their parts from the same parts manufacturers, and only act as mere assemblers most of the time.

    The situation is even worse with computers. Like with the automotive companies you listed, all of those computer companies merely assemble computers. They all use components made by a very small number of manufacturers. They basically just assemble them, and stick their company name on the final system. They end up just being brands for what is essentially the same product. You can buy a modern Apple laptop, or buy five older Dell laptops for the same price, and the parts inside will be virtually identical.

  13. Re:Not enough by Zocalo · · Score: 2, Informative

    In theory perhaps, but it could be a bitch in practice. Manufacturing costs are ultimately at the whim of commodity prices, which in case you haven't noticed, have in some instances been quite dynamic with the current financial turmoil. Should the combined price of raw materials go up to the extent that it is no longer possible to manufacture a product and still make a profit the obvious step for a manufacturer to take is to scale back production and concentrate on other, more profitable, product lines. Net result is that product availability goes down, retailers who are not going to be bound by the court imposed price ceilings,will almost certainly push the prices up to make a quick profit, and ultimately the customer will end up the loser.

    --
    UNIX? They're not even circumcised! Savages!
  14. Re:Not enough by Moryath · · Score: 5, Informative

    (1) That's unconstitutional. The New York Constitution does not grant such a power as "price fixing".

    The court could certainly order that they retain only a certain percentage markup on their products for a given time, to be verified with inspectors double-checking their books.

    (2) There's no need for such extremes. When the record companies were caught price-fixing CDs (thereby forming an illegal cartel), they were ordered by the courts to refund ~$25 to all their customers, so that erased any illicit profits they had earned.

    You're joking right? That settlement was a COMPLETE FRAUD. Customers who had bought 5-6 dozen music CD's over a decade, at $10+ overcharge per CD, were ripped off with a measly $25 voucher to BUY MORE OVERPRICED PRODUCT. The MafiAA companies pocketed the rest, flipped the bird at the artists they regularly rip off, and laughed at how fucking stupid our legal system is.

    (3) And then the free market was left to its own devices, and the cost of CDs plummeted from $13 to $9 within a year, since the cartel was no longer allowed to operate. The same will happen to LCDs too, after the price-fixing cartel is broken-up.

    Have you seen the prices lately? Pretty fucking uniform - Walmart, Bestbuy, Amazon, all seem to have exactly the same price (or somewhere within 50 cents of each other) on every goddamn CD again, and new releases are hovering steadily around $18. It sounds more like the MafiAA cartel laid low for a few years and went right back to their old tricks again.

  15. Re:Isn't that Nashe's theory? by Grishnakh · · Score: 2, Interesting

    To me it's obvious that LCD companies got sued because no large US company holds substancial interests in glass substrates design and manufacturing.

    Very few US companies hold substantial interests in manufacturing anything these days, except maybe military hardware.

  16. Re:Not enough by commodore64_love · · Score: 4, Informative

    >>>That settlement was a COMPLETE FRAUD. Customers who had bought 5-6 dozen music CD's over a decade, at $10+ overcharge per CD

    The overcharge was estimated by the court to be $3 per disc. So if you got a $25 refund that covered the overcharge for eight-and-a-half discs. Yes there were some people who bought more than 8.5 discs, but there were also people who bought zero discs (like my mom) and were still eligible for a refund. It all averages out.

    AND it punished the companies with a several hundred million dollars loss.
    .

    >>>were ripped off with a measly $25 voucher to BUY MORE OVERPRICED PRODUCT

    False. I got a check, as did my mom, brother, and my two nieces. The checks were converted to CASH. Maybe you should not make false assumptions about something you known nothing about. It was a true refund.

    Likewise when Paypal got in trouble, I received a Cash refund of $75 due to a court order. Not a voucher - actual money.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  17. Re:Forget price fixing, what about resolution fixi by Jaime2 · · Score: 5, Interesting

    I'm posting this from a 1920x1200 24" monitor that I bought three years ago for about $200.00. Almost nobody makes an affordable display with more than 1080 rows any more. You can blame HDTV for it, monitor manufacturers would much rather sell computer users the HDTV screens they are already making than create computer-specific resolutions. Before HDTV, monitors were on a steady march to higher resolution, after 1080p became popular, monitors backtracked and have been stuck ever since.

  18. Re:Good thing I bought a plasma... by geekoid · · Score: 2, Insightful

    From my research, tis at LEAST 50%, sometime double. It's probably more then a refrigerator.
    400W TV, on an average of 4 hours a day 1600 * 365 586 KW per year. A little higher then an average side by side 25cubic foot refrigerator.(about 525 KW per year

    refrigerator should not be Turning on more then a 20% of the time during normal use.

    They use tricks to try and hide burn in. Move the image, dim the other pixels, and so on. Both these just delay the effect.
    I would rather have a TV that doesn't have burn in issues at all
    They still have a horrid reflection/glare problem.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  19. Re:Forget price fixing, what about resolution fixi by A+Friendly+Troll · · Score: 3, Interesting

    Whose ass do you have to sue to get some highres monitors around here?

    Forget it.

    The only way that's going to happen is if the pixel count gets magically quadrupled, so you can immediately jump from 1900x1200 on a 24" monitor to 3800x2400.

    Any intermediate solutions simply wouldn't work due to issues with scaling existing content. Read: it would look like blurred shit. If you don't want to scale things up in size and keep everything 1:1, then tough luck, because it would require perfect vision and strain the eyes, which would make it inaccessible for the vast majority of people out there (and even then, there are limits). I have a 22" running the bog-standard 1680x1050, and to be honest, sometimes I wouldn't mind having a 24" with the same resolution for extra comfort, after a long day of work...

    Scale up: looks like shit
    Don't scale up: include a magnifying glass with the monitor

    Now, if the pixel count gets quadrupled, then you can keep everything displayed completely the same as now, have the OS lie about resolution and scale everything internally, but also add some new API functions to allow apps to draw certain things (such as font glyphs) at the true native resolution. About seven to ten years later (!), you could consider the transitions successful because all monitors sold would be high-res, all maintained software would have been written to make use of the new API, and all toolbar icons would have been quadrupled in resolution as well.

    Unfortunately, you'd still have the issue of graphics on the web, so you'd also need a new image format that would hold a low res and a high res version, and if you said something was "300px" wide, it would technically be a lie, but never mind that.

    In conclusion, it's not going to happen, and you can forget it :)

  20. Price-fixing creates opportunity for little guys. by Ungrounded+Lightning · · Score: 2, Interesting

    The thing is, market forces work so that companies naturally merge to only 3 or 4 main competitors when an industry is mature. ... At this time, these larger companies are able to take advantage of economies of scale that smaller competitors cannot, and as the industry and technology is mature, new small competitors can't bring any new innovation to the table that outweighs their lack of brand recognition and economies of scale.

    So far so good...

    The catch is, you need a decent government in place which oversees them and makes sure that they don't form a cartel or collude in any way to screw over the customers.

    And there's where you disconnect from both your own argument's internal consistency and what the "Rand-worshiping free-market fans" claim.

    The catch, for the cartel-seekers, is that in order to screw over the customers they have to raise prices. And THAT over-compensates for the economies of scale and lack of opportunity for competition on innovation in a mature market. Once the upstarts start up they have to drive the prices back down to keep from being hamstrung.

    Meanwhile the upstarts have second-mover advantage: They don't have to make all the design and market-choice mistakes and incur all the related costs that the established players did. Meanwhile a market never REALLY matures - science and technology march on even when the current market players aren't incorporating the incremental and breakthrough improvements. When building new plant it's about as easy to design for the latest-and-greatest as to replicate a former decade's technology - and it may actually be cheaper. Once the new guys are playing the old ones are stuck with aging plant that needs replacement or an expensive retrofit.

    So, in the absence of some anticompetitive externality the lifetime of a monopoly or cartel that engages in gouging is limited. It recreates the conditions that lead to the rise of new competitors.

    The fly in this ointment (as a previous poster has pointed out) is the government. By a number of mechanisms it can (and tends to) favor the existing players and raise the barriers to the entry of new competitors - or even prescribe a monopoly. THAT's what allows cartels and monopolies to gouge for long periods.

    A monopoly or cartel that doesn't mistreat its customers can continue to exist for a long time. Example: Alcoa. It had an effective monopoly on aluminum production for decades - mainly BECAUSE it priced its products low, treated its customers well, and focussed on improving its processes rather than playing zero-sum games to transfer its customers' wealth to itself. Thus competition was both unnecessary to achieve the benefits of a competitive market - and (until post-WWII demobilization enabled Reynolds and Kaiser) market forces drove investment to other areas where more value-added was available.

    The problem isn't monopoly per se - it's COERCIVE monopoly. And the main source of coercion (especially coercion that limits entry to markets) is government action.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  21. Re:Not enough by causality · · Score: 5, Insightful

    No, they can pass on that cost and people will use other parts.

    Before we talk about the pros and cons of various forms of sanction against these companies, I have a simple question.

    These multiple companies are being accused of colluding. That's a word for a specific type of conspiracy. Since this involves those companies conspiring together, does that mean we immediately scoff at the notion, dismiss it out-of-hand without examination of evidence, and accuse anyone who supports the notion of being a tin-foil hat-wearing nutter?

    I just want a little consistency. That's how we treat anyone who suggests that people within government would conspire in some way when both money and power is involved. Why don't we act the same way when anyone suggests that people within corporations would conspire in some way when only money is involved?

    Oh, right, because you can choose not to do business with particular corporations so you feel little to no need to bury your heads in the sand when they conspire. It's not so easy to escape the malfeasance of your own government, so you feel a desperate need to say that it isn't and could never be so.

    --
    It is a miracle that curiosity survives formal education. - Einstein
  22. Re:Not enough by causality · · Score: 2, Interesting

    I think this is a good approach, personally. A much more significant and lasting punishment for the crime.

    Question is, how long to punish? I think it would only be fair to force them to sell at a lowered price for the same duration they sold at jacked up prices. If they go out of business, tough shit. Should have thought about the consequences of the actions.

    And yes, everyone who bought an LCD during those dates should either receive a reimbursement equal in % to what they were overcharged, or receive a coupon for that % off a purchase of any new LCD from that company that they buy.

    No more light slaps on the back of the hands, corporations need a solid punch in the gut for pulling stunts like this.

    There's one thing that needs to take place if you want a truly effective deterrent.

    All top-level executives who supported this collusion need to be personally conviced of fraud in a criminal court. I'm guessing that fraud on the scale of multiple millions of dollars would land them some hard time in a maximum-security prison. Fraud is fraud even if the criminal who perpetrated the fraud did not directly receive the money out of which the victims were defrauded (i.e. it went directly to his/her corporation).

    What needs to end NOW, and in fact is long overdue, is to remove the "untouchable" status of the people behind the scenes. If we did that, I personally wouldn't care if the corporation itself is fined or not because we'd be taking the punitive measures directly to the source of the problem. By contrast, a heavy fine proportional to the crime that is levied against the corporate entity might end up harming customers and/or rank-and-file employees who had no decision-making input regarding whether or not massive fraud was going to be committed.

    The "limited liability" nature of a corporation should be for failed business ventures and unintentional negligence only (i.e. honest mistakes). It absolutely should never apply to intentional, willful criminal activity.

    --
    It is a miracle that curiosity survives formal education. - Einstein
  23. Sigh by ADRA · · Score: 3, Interesting

    If only OPEC could be held to the standards of everyone else...

    --
    Bye!
  24. Re:Not enough by P0ltergeist333 · · Score: 4, Interesting

    >>>(2) There's no need for such extremes. When the record companies were caught price-fixing CDs (thereby forming an illegal cartel), they were ordered by the courts to refund ~$25 to all their customers, so that erased any illicit profits they had earned.

    If you really believe they came anywhere NEAR paying out what they gained by even just the five years of price fixing that they got caught for, you're delusional. The industry shipped over one billion units in the year 2000. Their settlement of 64 million cash to consumers and 75 million in CD's (at a likely actual cost of a few percent of the 75 million) distributed to non-profit organizations was nowhere near the billions they profited.

    And just because when they came up with a lower price fix eventually thereafter is hardly evidence of the 'free market left to it's own devices' adjusting correctly. You'd have to be a total tool to believe these things.

    The bottom line is that at least two of these companies (Samsung and Toshiba) were directly involved and found guilty of memory price fixing at least once in recent times by multiple courts, and neither the governmental remedies nor the supposed hand of the free market impacted them enough to stop them from doing it again with LCDs. Nothing will stop them and millions of other companies from continuing to screw the consumer in the future. Your premise fails in both theory and application.

    --
    One of these days I'm going to cut you into little pieces. - PF
  25. Re:Not enough by causality · · Score: 4, Insightful

    What I feel would work is make it a mandantory 2 year sentence at Leavenworth Federal Prison - Low Security the first time around. Give em hard labor and personally fine them. Increase the penalty to 5 years in the medium security section and if they're found guilty a thrid time, life in maximum security with the real dangerous criminals. Furthermore, place them in with the general population instead of the damn country club. Also in regards to the 2nd and 3rd offenses, you punish their families too.

    If you or I committed such crimes personally without a corporation that resulted in the same amount of monetary loss, we would not get such light treatment as a low security prison away from the hardened prison population. Neither should the executives who create these issues.

    I cannot rightly support punishing their families. If family members are proven beyond a reasonable doubt to have committed a crime, then by all means prosecute them to the fullest extent of the law. Otherwise, advocating the punishing of innocents is much worse than any fraud the execs in question may have perpetrated. In fact it's quite likely that such innocents were as deceived by the perpetrators as anyone else. You should be ashamed for desiring such an outcome, sir. This is not honor or justice. It's a smack in the face to both. You lose the right to represent either honor or justice the moment you want to harm innocents who remain innocent until proven guilty. I cannot overstate how pathological such an urge actually is.

    They have to prove that the house was bought with Mom's Money instead of Daddies and may be what it takes to get them thinking before they commit such crimes.

    They have to prove nothing. That burden of proof is squarely on the shoulders of the prosecution should an accusation be made. You dishonor and shame yourself for advocating such a witch-hunt. It is beneath you. If it is not, it should be. If you are so easily corrupted by outrage then you are manifestly unfit to deal correctly with injustice, for you represent what you claim to be against.

    If that stings a bit, it doesn't sting enough. How do you suppose people like those execs become so amoral and corrupt in the first place? It's because they see injustice like anyone else and eventually they become just like what they hate. Take this as a warning if there is any wisdom within you.

    --
    It is a miracle that curiosity survives formal education. - Einstein
  26. Re:Not enough by P0ltergeist333 · · Score: 3, Interesting

    For what it's worth, yes, they gave out checks. I got one as well. But then I was young, single, and working on my CD collection. I literally spent thousands of dollars in those years on music CDs. I know of many others who spent as much or more, and did not find out about the settlement until it was too late to file. By your own admission, they overcharged 10$ per CD. The RIAA's own figures say they shipped 1 Billion units in the last year covered by the suit, 1999-2000. And the cash settlement was 64 million. So that's 64 million out of ten billion. You make my argument for me.

    --
    One of these days I'm going to cut you into little pieces. - PF
  27. Re:Not enough by T+Murphy · · Score: 3, Insightful

    The courts don't have to remove all profit from price fixing, just enough that companies believe they can profit more when competing. For example:

    Let's say they can boost profits by 30% by colluding, but a conviction is severe enough to hurt profits 10% compared to not colluding. Now let's also say that part of the conviction penalty involves paying non-colluding competitors, so those competitors profit an extra 5% per guilty company. Given a high enough chance of conviction and a 3-company market, it would on average be more profitable if your company competes, the others collude, and they get convicted (so your company boosts profits by 10%). As long as companies act selfishly, they all want to be the odd man out, so they never agree to collude.

    Of course, price fixing doesn't happen without all parties cooperating- my example just illustrates how you can use the prisoner's dilemma against companies so the optimal solution (all colluding) never happens.