EXCLUSIVE: Elpida Sues NEC, Hitachi for 11.9 B. Yen

Tokyo, May 20 (Jiji Press)--Japanese chipmaker Elpida Memory Inc.
<6665> has sued NEC Corp. <6701> and Hitachi Ltd. <6501> for some 11.9
billion yen in total damages over its payment of fines for a price-fixing
cartel, Jiji Press learned on Thursday.
In the lawsuit filed with Tokyo District Court, Elpida claims it
had to pay hefty settlement money in the United States because of the price
cartel for dynamic random access memory chips that NEC and Hitachi forced it
to maintain.
The cartel was formed in April 1999 before Elpida was established
in December 1999 by the two major Japanese electronics makers. Elpida sold
products of NEC and Hitachi before it started mass production of its own
products, according to Elpida.
The U.S. Department of Justice brought an antitrust suit over the
cartel formed by the three and other DRAM makers and continued until June
2002, and Elpida, which took over U.S. sales operations from NEC and
Hitachi, paid the settlement money.
Elpida claims that NEC and Hitachi made its U.S. subsidiary
continue to join the cartel through their influence via executives sent to
the unit.
NEC said the company will make it clear in court that Elpida's
demand is unreasonable.
Hitachi said it will fight in court.

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