United States Ninth Circuit

In a criminal antitrust that stems from an international conspiracy between Taiwanese and Korean electronics manufacturers to fix prices for Liquid Crystal Display panels known as TFT-LCDs in violation of the Sherman Act, convictions and sentence are affirmed where: 1) venue was proper; 2) defendants waived the argument that an extraterritoriality defense bars their convictions, and viewing the jury instructions as a whole, nothing misled the jury as to its task; 3) the District Court properly applied a per se analysis under the Sherman Act; 4) the Federal Trade Antitrust Improvements Act of 1982,15 U.S.C. Section 6a, is not a subject-matter jurisdiction limitation on the power of the federal courts but a component of the merits of a Sherman Act claim involving nonimport trade or commerce with foreign nations; 5) the indictment contained the factual allegations necessary to establish that the FTAIA either did not apply or that its requirements were satisfied; 6) the indictment sufficiently alleged that defendants' conduct had a direct effect on US commerce; and 7) fines imposed under the Alternative Fine Statute, 18 U.S.C. Section 3571(d), were proper.

Appellate Information

• Decided 01/30/2015
• Published 01/30/2015

Judges

• McKeown

Court

• United States Ninth Circuit

Counsel