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Spitzer sues chip makers

Associated Press

ALBANY, N.Y. - New York's attorney general sued leading makers of memory
chips Thursday, claiming they made secret price-fixing arrangements that
inflated the cost of personal computers and other electronic devices.

More than 30 other states were expected to file a separate but similar
lawsuit against chip makers Friday in San Francisco federal court,
California Attorney General Bill Lockyer said.

The lawsuits follow a long-running U.S. Justice Department investigation
that has resulted in more than $730-million in fines and guilty pleas from
four companies - Samsung Electronics Co., Elpida Memory Inc., Infineon
Technologies AG and Hynix Semiconductor Inc.

Boise, Idaho-based Micron Technology Inc. was granted immunity from criminal
charges in the DOJ case in exchange for its cooperation.

"I have never seen a price-fixing case where there is so widespread, so
continuous an exchange of confidential price information among competitors
or over so long a time period," said Assistant New York Attorney General
Richard Schwartz.

The New York suit, filed in Manhattan federal court, claims the companies
colluded to fix prices on dynamic random access memory, or DRAM, chips from
1998 until 2002. The defendants are Micron, Samsung, Infineon, Elpida,
Hynix, Mosel-Vitelic Corp., Nanya Technology Corp. and NEC Electronics
America Inc.

Micron spokesman Daniel Francisco had not yet seen the lawsuit Thursday and
said it was not appropriate for him to comment on it. Other companies also
declined to comment or did not immediately return phone calls.

Mr. Francisco said state attorneys general have been investigating the
matter for several months, and the company is discussing "possible
resolutions."

The lawsuit to be filed Friday in San Francisco names Hynix, Infineon,
Elpida, NEC Electronics America, Micron, Mosel-Vitelic and Nanya.

Samsung is not being sued in that case because the company has indicated a
willingness to settle the allegations, Lockyer spokesman Tom Dresslar said.
Similar agreements have been made with Winbond Electronics Corp., Toshiba
Corp., Hitachi Ltd. and Mitsubishi Electric Corp., Dresslar said.

Computer makers such as Dell Inc., Hewlett-Packard Co., Apple Computer Inc.,
International Business Machines Corp. and Gateway Inc. had to raise PC
prices or reduce the amount of memory installed on their systems to
compensate for the higher costs, prosecutors said.

The latest lawsuits will ask the companies to compensate consumers who paid
higher prices and demand that the companies not collude in the future.

Worldwide sales of dynamic random access memory chips alone totaled more
than $24-billion in 2005, according to separate reports from the research
companies iSuppli Corp. and Semico Research Corp.

Gregory S. Williams
[EMAIL PROTECTED]



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