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2022: Toshiba, Sony and Samsung to pay tens of millions for cartel collusion in drive sale
On June 16, 2022, it became known that Toshiba Samsung Storage Technology, Sony, Sony Optiarc and Quanta Storage lost a lawsuit with the EU and must pay fines totaling €116 million ($120.5 million).
The trial was launched in 2015, when Philips informed the European Commission about the formation of a cartel conspiracy among five companies that thereby violated competition rules.
The largest fine of €41.3 million was imposed on Toshiba Samsung Storage Technology, a joint venture between Toshiba and Samsung Electronics. Hitachi-LG Data Storage was fined €37 million. Other sanctioned companies were Sony, Sony Optiarc, a joint venture between Sony and NEC, and Quanta Storage. Philips was not fined because it warned the EU antitrust authority about the cartel.
The commission said the collusion involved optical drives for laptops and desktop computers manufactured by Dell and Hewlett Packard.
It is assumed that during the global procurement process of the two leading PC manufacturers, the manufacturers informed each other of the strategies that they wanted to adhere to when participating in tenders. Thus, the goal was to receive orders, inform each other about the results of offers and exchange other confidential information. Coordination was carried out through a network of parallel bilateral contacts, the prosecution said. The parties planned to adjust their volumes in the market and keep prices at a higher level.
The companies appealed to the General Court of the European Union (EuG) against the decision of the Brussels antitrust authorities to impose fines on them. This was to overturn the decision, or at least reduce the fines. However, Eurosud dismissed the claims in July 2019, after which the manufacturers appealed to the European Court of Justice (ECJ).
 | None of the points approved by cartel members and no aspect to be taken into account ex officio justifies a reduction in fines, the ECJ said.[1][2] |  |
Notes
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