United States v. Hui Hsiung
United States Court of Appeals for the Ninth Circuit
778 F.3d 738 (2015)
From 2001 to 2006, representatives of six companies that manufactured liquid-crystal display panels (TFT-LCDs) met in Taiwan to set target prices for the TFT-LCDs sold in the United States to stabilize the price of the TFT-LCDs. AU Optronics (AUO) (defendant) and two AUO executives, Hsuan Binn Chen and Hui Hsiung (defendants), participated in these meetings. Following these meetings, the companies produced meeting reports that were used by retail branches of the companies as price benchmarks for selling the TFT-LCDs to wholesalers. AUO used these reports to negotiate prices for the sale of TFT-LCDs to US customers. AUO, Chen, and Hsiung were charged and convicted of conspiracy to fix prices in violation of the Sherman Act. The evidence showed that the sale of price-fixed TFT-LCDs occurred in large part in the United States and that part of the price-fixing conspiracy took place in the US. AUO, Chen, and Hsiung appealed, arguing that the district court erred by failing to consider the foreign character of the relevant activities. Specifically, AUO, Chen, and Hsiung argued that because the case involved foreign companies, the court should have analyzed the circumstances under a rule of reason analysis rather than a per se rule. Likewise, AUO, Chen, and Hsiung contended that because most of the TFT-LCDs sold were not imported into the US, the connection to US commerce was insufficient to fall under US antitrust law.
Rule of Law
Holding and Reasoning (McKeown, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.