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DRAM Price-Fix Uncovered in China, 'Massive Evidence' Against Samsung, SK Hynix and Micron

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We can only hope that the Chinese do actually find real and damning evidence/proof of collusion and price fixing, then maybe the EU will look at it, then maybe something will get done, that we can all benefit from.
 

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We're basically choosing between two evils, IMO (shared by the others) China cannot be allowed to use this excuse to get their hands on DRAM/NAND patents or use it as a bargaining tool to force the big 3 into some form of tech sharing.
Um, no? China already stole the IP from Micron. That's a completely separate matter. China (USA, EU, etc. too) are looking at the prices of memory and how the three companies seem to coordinate supply and price. FJIC, in the best case scenario, isn't going to start producing competitive chips until 2021. That's 2-3 years of extortionate prices at best. If FJIC fails to compete, indefinite at worst.

What many don't get is that the foundry business is too risky & the returns aren't guaranteed ~ just ask Intel how their 10nm is doing. Granted these aren't the same products, nonetheless the risk/reward ratio is spectacularly high.
The entire tech industry requires DRAM. Where there's demand, supply will be created to meet it. If supply can't meet demand, the price goes up so the commodity naturally raises investment funds in growing supply. Aren't economics great? As long as there aren't any crooks forming trusts.

Everyone else is demanding fines but what good do fines do? Everyone here likely agrees Micron, Hynix and Samsung profited more from collusion than the alleged fines. They also agree that the proposed fine of $2.5 billion is inadequate to make them stop colluding. Fines are fines. They're not trust busting. Fines never stop trusts from doing anything. Only trust busting does.

I do however, disagree with the establishment of a governing body and/or any other permanent institution as essentially every institution established in perpetuity becomes bloated, corrupt, toothless and bought off with by an army of lobbyists armed to the teeth with corporate cash.
Not a permanent institution (I floated the idea of 10 years). An international board that reviews interactions amongst the trust busted companies for violations of the contract. Basically the board would replace the Department of Justice (and other nation's equivalent) in determining whether or not they could go forward with a deal (e.g. if a Sirrius XM situation arises where they all end up drowning together, a merger of the weakest may be permitted to promote the health of the market).

I'd go even further and arm that temporary body with legislation establishing a defined maximum ratio between the cost of production and the MSRP for consumers and pricing for intra-industry sales for any products sold by these entities.
Bad idea because production costs don't account for R&D. As nodes get smaller and smaller, R&D is going to keep rising relative to production. A competitive market accounts for that which trust busting achieves.
 
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$2.5B divided among 3 companies....puufffff

That's chump change to them, and they will just write a check to cover it.... this is equivalent to sentencing some famous, well-known rich dude to 6 months in one of those "country club prisons"

But if ya insist on imposing fines, then make 'em big enough so they will REALLY hurt.....like, maybe, like $250b for EACH company

Or better yet, just shut them down for 1 year for each and every infraction and take away all their corp jets, expense accounts etc etc.....make the people responsible for this activity actually feel da burn !!!!!!!!

Oh yeah, shut down whole DRAM market for a year. While your outrage is justified, your solution is absolutely crazy. Think, man/woman/apache helicopter.
 
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Um, no? China already stole the IP from Micron. That's a completely separate matter. China (USA, EU, etc. too) are looking at the prices of memory and how the three companies seem to coordinate supply and price. FJIC, in the best case scenario, isn't going to start producing competitive chips until 2021. That's 2-3 years of extortionate prices at best. If FJIC fails to compete, indefinite at worst.


The entire tech industry requires DRAM. Where there's demand, supply will be created to meet it. If supply can't meet demand, the price goes up so the commodity naturally raises investment funds in growing supply. Aren't economics great? As long as there aren't any crooks forming trusts.

Everyone else is demanding fines but what good do fines do? Everyone here likely agrees Micron, Hynix and Samsung profited more from collusion than the alleged fines. They also agree that the proposed fine of $2.5 billion is inadequate to make them stop colluding. Fines are fines. They're not trust busting. Fines never stop trusts from doing anything. Only trust busting does.


Not a permanent institution (I floated the idea of 10 years). An international board that reviews interactions amongst the trust busted companies for violations of the contract. Basically the board would replace the Department of Justice (and other nation's equivalent) in determining whether or not they could go forward with a deal (e.g. if a Sirrius XM situation arises where they all end up drowning together, a merger of the weakest may be permitted to promote the health of the market).


Bad idea because production costs don't account for R&D. As nodes get smaller and smaller, R&D is going to keep rising relative to production. A competitive market accounts for that which trust busting achieves.
It was UMC (Taiwan) that actually stole the IP, which was then allegedly transferred to FJIC.
Funny I don't see the same being said about RTX or Intel prices, they're virtual monopolies as well in fact much bigger than the perpetrators mentioned here.

Yes & the tech industry needs to work around these limitations. If there is price fixing, like setting up a price floor below which they won't sell, then it makes sense to fine them heavily. If however there's just agreement to limit supply, the fines ought to be appropriated downwards. To increase supply these firms need to invest tens of billions of dollars, now how do you suppose they get this kind of money ~ govt subsidies, like in China?

I remember a time when 8GB DDR3 cost $15~20 US & supposedly these firms were selling them at a loss, that period (twice this decade) lasted about a year or more. I'm sure none remembers that or how Intel, Nvidia, Apple rarely lower the price of their products. What you're advocating sounds like price control, I'm not sure how that'll work out as the component makers are forced to reduce their profit margins but the likes of Intel, Apple, Nvidia et al make record profits year after year. Do you suppose the govt needs to make sure these companies don't loot the customers by limiting supply of their products?

Just to reiterate, fines are appropriate IMO so long as they act as a reasonable deterrent in dissuading such type of behavior, having said that capitalist markets are set up in such a way that mega corps will always find loopholes to exploit & in many cases cheat the customers. For that there needs to be tighter regulations & more/better taxation, again IMO.
 
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Funny I don't see the same being said about RTX or Intel prices, they're virtual monopolies as well in fact much bigger than the perpetrators mentioned here.
Trusts require collusion. Intel got in double with regulators in the Pentium 4 era for brokering anti-competitive deals with venders. NVIDIA almost got in trouble for GPP for similar reasons but, seeing the writing on the wall, they shut the program down before it reached the point of regulators acting (although they still could, finding someone to testify may be difficult though since only Taiwanese companies fell for it). Having high prices on their products isn't inherently illegal. It's deliberate manipulation of the market that is (limiting choice, buying out competitors, price fixing, etc.).

If there is price fixing, like setting up a price floor below which they won't sell, then it makes sense to fine them heavily. If however there's just agreement to limit supply, the fines ought to be appropriated downwards.
Both behaviors are equally criminal. "Agreement" in regards to a market is manipulation. Companies are supposed to only look at the market and respond thusly. They're not supposed to be talking to competitors at all unless it's about mergers, acquisitions, and partnerships. Talking about the market in an official capacity is off limits because of anti-trust law.

For the record: "fines" are an inappropriate response to trusts. The money does not go to the damaged party (public at large). Fines are a relatively new phenomena mostly spurred on by EU and other nations have followed suit. USA still tends to address trusts by finding violations, ordering corrections, with follow up. In some cases (like Intel directly damaging AMD), courts do order the offender to pay damages to the offended.
 
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That, or I'd just forcefully seize and nationalize 51% of each corporation's cumulative assets and holdings

Argentina did that with a bunch of companies years ago... we are still visiting courts because of that. So, it should not be something that can be done overnight and "ta-da! everything will be fine, nothing will go wrong, blah blah blah, politician marketing goes here, etc."

And don't forget that you'd be going against the rights of the shareholders... Such a move could set a legal precedent that could endanger foreign investment.
 
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Trusts require collusion. Intel got in double with regulators in the Pentium 4 era for brokering anti-competitive deals with venders. NVIDIA almost got in trouble for GPP for similar reasons but, seeing the writing on the wall, they shut the program down before it reached the point of regulators acting (although they still could, finding someone to testify may be difficult though since only Taiwanese companies fell for it). Having high prices on their products isn't inherently illegal. It's deliberate manipulation of the market that is (limiting choice, buying out competitors, price fixing, etc.).


Both behaviors are equally criminal. "Agreement" in regards to a market is manipulation. Companies are supposed to only look at the market and respond thusly. They're not supposed to be talking to competitors at all unless it's about mergers, acquisitions, and partnerships. Talking about the market in an official capacity is off limits because of anti-trust law.

For the record: "fines" are an inappropriate response to trusts. The money does not go to the damaged party (public at large). Fines are a relatively new phenomena mostly spurred on by EU and other nations have followed suit. USA still tends to address trusts by finding violations, ordering corrections, with follow up. In some cases (like Intel directly damaging AMD), courts do order the offender to pay damages to the offended.
Can't agree with that, limiting supply is a tried & tested strategy in every industry to insure against the product prices crashing. While both are illegal, depending on the legal jurisdiction, one is much worse than the other.

Yet to be established in this case, now depending on the scope of "collusion" fines levied can be heavy/hard or punitive.

That can be remedied, however in this case the biggest beneficiary & "loser" (for a lack of better word) are corporations IMO. The DRAM consumption in the retail space is generally steady, but for servers/HPC/mobiles that number has exploded. Now even if the prices were relatively lower, I doubt we'd see cheaper phones/laptops/servers in any large numbers, except perhaps during the holiday sale.

The direct remedy IMO can be addressed by fining these companies & then passing on the benefits as one time tax cuts or subsidies directly for certain products, also limiting that to a reasonable quantity per customer to prevent abuse.
 
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That's ok. The whole board goes. Most likely, they all knew anyway.

That's not how boards work. They are all virtually made up of former/current CEOs, CTOs and CFOs of other companies as well as other business and government organizations. Its why CEOs constantly get raises from the boards because if you say NO to a raise for a CEO you are saying NO to your own raise when that CEO has to vote for you. They all scratch each others backs because they all sit on several boards. You get rid of a whole board, you start a large chain reaction of pissed off people.

Here is the board of directors for Intel, you have EA executives, US defense executives, bankers, medical tech professors, philanthropists. Intel's Chairman of the board, one of the boards he sits on is Columbia sportswear.

https://newsroom.intel.com/biographies/board-of-directors/
 

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That's not how boards work. They are all virtually made up of former/current CEOs, CTOs and CFOs of other companies as well as other business and government organizations. Its why CEOs constantly get raises from the boards because if you say NO to a raise for a CEO you are saying NO to your own raise when that CEO has to vote for you. They all scratch each others backs because they all sit on several boards. You get rid of a whole board, you start a large chain reaction of pissed off people.

Here is the board of directors for Intel, you have EA executives, US defense executives, bankers, medical tech professors, philanthropists. Intel's Chairman of the board, one of the boards he sits on is Columbia sportswear.

https://newsroom.intel.com/biographies/board-of-directors/
I anticipate people will not like your info. That’s ok, because it is exactly how it is, whether they like it or not.
 
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That's not how boards work.

Yes, I understand that is how boards work. They are invincible like politicians. A former presidential candidate did not go to jail for having classified information where it shouldn't be because elite play by different rules.

This is no different.

Money does not hurt them because they can pass it off. If you want to make them play by the rules, they need to be scared. If I could commit financial fraud and only be penalized a portion of my earnings from said fraud, with no other repercussions, I would seriously consider how well I could pull off some financial fraud. However, knowing that it is likely that I would go to jail, I am not going to do so.
 

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Well, they actually go to jail for fraud and theft. Enron’s CFO and also the Investor Relations Director both got jail time.

The CEO for Worldcom, which was the world’s second largest telecommunication company, is still incarcerated I believe.

Bernie Madoff and at least one of his sons went to jail. Madoff will die there.

Just a few examples off the top of my head of executives not getting away with it.
 
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Well, they actually go to jail for fraud and theft. Enron’s CFO and also the Investor Relations Director both got jail time.

The CEO for Worldcom, which was the world’s second largest telecommunication company, is still incarcerated I believe.

Bernie Madoff and at least one of his sons went to jail. Madoff will die there.

Just a few examples off the top of my head of executives not getting away with it.
Yes but they made the mistake of ripping off rich people. When enron was charging California residents 3-4x their normal rate no one batted an eye at the federal level. When the banking industry collapsed and middle class families were under water in their mortgage or got home forclosed, no one went to jail. I'm not saying all rich people get away with fraud but if you plan on defrauding someone, my advice would be to stick to the poor and aviod the rich.
 
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I'm not saying all rich people get away with fraud but if you plan on defrauding someone, my advice would be to stick to the poor and aviod the rich.

Exactly. Look, I get that this isn't as easy as a single dude or dudette running a ponzi scheme. However, we can hold them accountable or love the system we have created. We can't have not hold them accountable and then complain they are colluding to inflate prices.

I certainly don't appreciate the two different rule sets.

*fixed some crappy typing.
 
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Is this a surprise to anyone? Its likely not long before this gets supressed where it matters
 
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Unfortunately those big corporations are not run by 1 single dude, but by a Board of Directors, including state officials. So you cannot just punish 1 person for the whole Cartel of price fixation. The evil is rooted deeply inside those companies unfortunately....
As if corporations are charities.

Corporations are not non-profits. They are designed to do one thing: Sell less for more*. That is not a recipe for moral behavior.

If people want corporations to stop behaving amorally they need to design the corporation so that its definition doesn't require it!

Ambrose Bierce said:
Corporation. N.

An ingenious device for obtaining individual profit without individual responsibility.

Edit: *Corporations are also designed to shield the elite class from the legal system they craft and deploy. Legal insiders recently even said, without a hint of concern — as if it was the most natural and logical thing in the world, that the Justice Department chooses to fine corporations rather than jail their executives. The rationale was that fines somehow don't cause people to lose their jobs (or pensions, etc.) but legal accountability for the executives will somehow cause the companies to be destroyed (as if it's impossible to hire or promote people to fill empty executive roles). The rationale was that this policy is for the benefit of the ordinary workers but it's clear that it's all about what Bierce said: a lack of individual responsibility on the part of the individuals obtaining the profit.

Well, they actually go to jail for fraud and theft. Enron’s CFO and also the Investor Relations Director both got jail time.
Enron's chief financial guy is now the largest landowner in Colorado, apparently because he bailed in time to not get caught in the dragnet.

The reason corporations, governments, and individuals cheat is usually because they feel they can get away with it. The cost/benefit ratio appears to be favorable.
 
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They don't need fines, they need to trust bust. Seize all of the memory-manufacturing assets from all three manufacturers and divvy them up as evenly as possible across 10+ new entities with enforceable, contractual obligations to not buy each other out nor collaborate for a decade. There needs to be a multinational task force assigned to this so they won't find safe haven any where.
Doubtful that'll happen but it'd be nice to see the scumbags get what they deserve. Sad that it took this long for them to be accused when they all but said they were doing it.
 
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Does everyone assume R&D is free, of course when you're China everything's free :rolleyes:
11 sued over selling Samsung OLED secrets to Chinese company
One thing that many often forget is that two parties can be guilty at the same time. It's not necessarily that Korean DRAM makers are blameless and China is guilty. It can be that they're both guilty. China could be guilty of things like trying to abuse the courts to gain an unfair advantage in the market and/or IP theft. At the same time, Korean DRAM makers may be guilty of price fixing.

People, though, are typically ready to jump onto a team and put on their jersey. Also, guilt can be somewhat subjective.

Enabling, for example, China to gain unfair advantage in the market by kneecapping its competition (such as via enabling IP theft and/or heavy fines/sanctions) to "solve" the problem with price fixing is hardly smart. In that case, those who are doing that (enabling that gain of unfair advantage) actually are guilty. That said, it's also not smart to do nothing about price fixing if it, indeed, remains a serious problem.
 
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One thing that many often forget is that two parties can be guilty at the same time. It's not necessarily that Korean DRAM makers are blameless and China is guilty. It can be that they're both guilty. China could be guilty of things like trying to abuse the courts to gain an unfair advantage in the market and/or IP theft. At the same time, Korean DRAM makers may be guilty of price fixing.

People, though, are typically ready to jump onto a team and put on their jersey. Also, guilt can be somewhat subjective.

Enabling, for example, China to gain unfair advantage in the market by kneecapping its competition (such as via enabling IP theft and/or heavy fines/sanctions) to "solve" the problem with price fixing is hardly smart. In that case, those who are doing that (enabling that gain of unfair advantage) actually are guilty. That said, it's also not smart to do nothing about price fixing if it, indeed, remains a serious problem.
Sure, except "collusion" isn't proved yet in this case. However Chinese playbook, stealing IP & forcing major companies to bend backwards, is open for anyone & everyone to see. Heck look at the latest rumor/example ~ Apple and Qualcomm Slap-Fight Continues with ‘Ban’ on iPhone Sales in China

Probably for the first time China is using American companies against each other, classic Empire move ~ Divide & Rule :(
 

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Which is weird because both Apple and Qualcomm are American companies. Why are they suing each other in China?

Which is fundamentally the problem with DRM: the three major DRAM manufacturers Samsung (South Korea), SK Hynix (South Korea), and Micron (United States) are international. South Korea could keep Samsung and SK Hynix in check but Micron is out of their jurisdiction so they don't. United States can't do much of anything because the majority of the market is out of reach in South Korea. USA will jump into Apple v. Microsoft, Intel v. AMD, Intel v. NVIDIA, etc. because they're all American so the federal government is able to regulate it. There's no global anti-trust body to address international trusts. That's really what is necessary.
 
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This is probably the same fight that QC & Apple fought in the US, except played out in China. Apple tried to hurt QC & vice versa, IIRC it's about QC patents which Apple refused to pay for. Those patents apply everywhere AFAIK, China could be taking sides or there might be a genuine case against Apple.
 

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From the source:
Qualcomm’s effort to ban our products is another desperate move by a company whose illegal practices are under investigation by regulators around the world,” with the latter accusation referencing Apple’s belief that Qualcomm holds a monopoly on numerous critical wireless networking patents, and that Qualcomm charges too much money for third-parties to license those patents.
So refusing to pay for this image resizing and app switching license because they're paying so much to Qualcomm just to make a wireless product.

Why not the EU?
European Union is like USA's federal government--regional, not global.

UN has the Commission on International Trade Law but it doesn't have a court with global jurisdiction to arbitrate cases and a legal arm to enforce rulings. UN's doctrine would have to be expanded to include such powers and countries like China, Russia, Iran, Venezula, etc. would never agree to that kind of expansion. Depends on how the political winds are blowing, USA might not even support it.

There should be a global trademark, copyright, and patent office too.
 
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From the source:

So refusing to pay for this image resizing and app switching license because they're paying so much to Qualcomm just to make a wireless product.


European Union is like USA's federal government--regional, not global.

UN has the Commission on International Trade Law but it doesn't have a court with global jurisdiction to arbitrate cases and a legal arm to enforce rulings. UN's doctrine would have to be expanded to include such powers and countries like China, Russia, Iran, Venezula, etc. would never agree to that kind of expansion. Depends on how the political winds are blowing, USA might not even support it.

There should be a global trademark, copyright, and patent office too.
Most if not all of the essential CDMA/3g/LTE patents are licensed under FRAND, Apple literally pays pennies per patent per device & not just to QC. FYI Apple sued Samsung for something similar & got more than half a billion $ through US courts, Samsung obviously appealed the verdict.
 
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