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ARTICLE · 05 JUNE 2015

AU Optronics Files Petition For Certiorari With SCOTUS

The case concerns the Foreign Trade Antitrust Improvements Act ("FTAIA") and the reach of the U.S. antitrust laws to "foreign" conduct with direct effects on U.S. commerce.

United StatesAntitrust/Competition Law

AU Optronics Corp. ("AUO") filed a petition for a writ of certiori in Hui Hsiung, et al. v. United States of America on March 16, 2015, seeking Supreme Court review of the Ninth Circuit's 2014 decision that upheld the convictions of AUO and its former executives for their participation in a global cartel to fix the price of liquid crystal display ("LCD") panels.  The United States Department of Justice, Antitrust Division, which had tried AUO and its former executives in the district court in San Francisco, filed its brief in opposition to the petition on May 15, 2015 and petitioners filed a reply on May 22, 2015.

The Department of Justice, Antitrust Division, proved at trial that the Taiwanese company AUO, its US subsidiary, and two top executives, Hsuan Bin Chen and Hui Hsiung, plotted to fix the price of LCD panels, with effects on the United States market for LCD panels.  The company was fined $500 million for criminal price-fixing.  Both former directors were

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