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FILED V. Page 1 FILED 10 AUG 16 PM 3:55 KING COUNTY SUPERIOR COURT CLER 1 E-FILED CASE NUMBER: 10-2-29164- SEA 2 3 4 5 6 7 STATE OFWASIDNGTON KING COUNTY SUPERIOR COURT 8 THE STATE OF WASHINGTON NO. 10-2-29164-4 9 Plaintiff, AMENDED COMPLAINT FOR 10 INJUNCTION, DAMAGES, v. RESTITUTION, CIVIL 11 PENALTIES AND OTHER AU OPTRONICS CORPORATION; AU RELIEF UNDER THE 12 OPTRONICS CORP., AMERICA; CHIME! WASHINGTON STATE INNOLUX CORPORATION; CHI MEl CONSUMER PROTECTION 13 OPTOELECTRONICS USA, INC.; EPSON ACT, RCW 19.86 IMAGING DEVICES CORPORATION; 14 EPSON ELECTRONICS AMERICA, INC.; HITACHI, LTD.; HITACHI DISPLAYS, DEMAND FOR JURY TRIAL 15 LTD.; HITACHI ELECTRONIC DEVICES (USA), INC.; LG DISPLAY CO., LTD.; LG 16 DISPLAY AMERICA, INC.; SAMSUNG ELECTRONICS CO., LTD.; SAMSUNG 17.SEMICONDUCTOR, INC.; SAMSUNG ELECTRONICS AMERICA, INC.; SHARP 18 CORPORATION; SHARP ELECTRONICS CORPORATION; TOSHIBA 19 CORPORATION; TOSHIBA AMERICA ELECTRONICS COMPONENTS, INC., 20 TOSHIBA AMERICA INFORMATION SYSTEMS, INC., and TOSHIBA MOBILE 21 DISPLAY TECHNOLOGY CO., LTD., F/KI A TOSHIBA MATSUSHITA 22 DISPLAY TECHNOLOGY CO. 23 Defendants. 24 25 Plaintiff, State of Washington, through its Attorney General, brings this action on 26 behalf of itself and as parens patriae on behalf of persons residing in the State, against AU AMENDED COMPLAINT FOR 1 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 DAMAGES, RESTITUTION AND Seattle, WA 98104-3188 INJUNCTIVE RELIEF Page 1 (206) 464-7744 1 Optronics Corporation, AU Optronics Corp. America, Chimei Innolux Corporation, Chi Mei 2 Optoelectronics USA, Inc., Epson Imaging Devices Corporation, Epson Electronics America, 3 Inc., Hitachi, Ltd., Hitachi Displays, Ltd., Hitachi Electronic Devices (USA), Inc., LG 4 Display Co., Ltd., LG Display America, Inc., Samsung Electronics Co., Ltd., Samsung 5 Semiconductor, Inc., Samsung Electronics America, Inc., Sharp Corporation, Sharp 6 Electronics Corporation, Toshiba Corporation, Toshiba America Electronics Components, 7 Inc., Toshiba America InfOlmation Systems, Inc., and Toshiba Mobile Display Technology 8 Co., Ltd, fflda Toshiba Matsushita Display Technology Co., to recover damages, restitution, 9 civil penalties, costs and fees and injunctive relief. The State of Washington demands trial by 10 jury of all issues stated herein. 11 I. NATURE OF THE CASE 12 1. This action alleges that defendants engaged in a violation of state antitrust law 13 prohibiting anti competitive conduct from at least January 1, 1998, through at least December 14 1,2006 ("the Conspiracy Period"). Defendants' actions included, but were not limited to, 15 agreeing to raise prices and agreeing on production levels in the market for thin film 16 transistor liquid crystal display panels, commonly referred to as LCDs. 17 2. To date, eight (8) LCD manufacturers have been charged with criminal 18 antitrust violations by the U.S. Department of Justice. AU Optronics Corporation and its 19 subsidiary AU Optronics Corp., America, Chi Mei Optoelectronics, Chunghwa Picture 20 Tubes, Ltd., Epson Imaging Devices Corporation, HannStar Display Corporation, Hitachi 21 Display, Ltd. LG Display Co. and its subsidiary LG Display America, and Sharp Corporation 22 have been indicted. All except AU Optronics Corporation and its U.S. subsidiary have 23 entered guilty pleas admitting their participation in the conspiracy. 24 3. In addition, a number of current and former employees from Chungwha 25 Picture Tubes, Ltd. and the AUO, LGD, Hitachi, and CMO Defendants have been indicted 26 AMENDED COMPLAlliT FOR 2 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 DAMAGES, RESTITUTION AND Seattle, WA 98104-3188 INJUNCTIVE RELIEF Page 2 (206) 464-7744 1 for criminal antitrust violations. Several of those employees and former employees have also 2 entered guilty pleas. 3 4. The aggregate penalties imposed on the seven companies that have pled guilty 4 amount to over $890 million. The total amount of damages sustained by consumers who 5 were overcharged for products incorporating LCD panels throughout the United States, 6 including in Washington State, is substantially greater. 7 II. JURISDICTION AND VENUE 8 5. This action alleges violations of the Washington Consumer Protection Act 9 ("CPA"), RCW 19.86. Jurisdiction exists pursuant to RCW 19.86.160. 10 6. Venue is proper in King County because the Plaintiff resides therein; a 11 significant portion of the acts giving rise to this action occurred in King County; the 12 Defendants and their co-conspirators activities were intended to, and did have a substantial 13 and foreseeable effect on U.S. and Washington State trade or commerce; the conspiracy 14 affected the price of LCD panels and LCD products purchased in Washington; and all 15 Defendants knew or expected that products containing their LCD panels would be sold in the 16 U. S. and into Washington. 17 III. THE PARTIES 18 Plaintiff 19 7. The Plaintiff is the State of Washington, by and through its Attorney GeneraL 20 8. The State of Washington has a quasi -sovereign interest in maintaining the 21 integrity of markets operating within its boundaries, protecting its citizens from 22 anticompetitive and other unlawful practices and supporting the general welfare of its 23 residents and its economy. 24 25 26 AMENDED COMPLAINT FOR 3 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 DAMAGES, RESTITUTION AND Seattle, WA 98104-3188 INJUNCTIVE RELIEF Page 3 (206) 464-7744 1 9. The Washington Attorney General is charged with representing the citizens of 2 the State as parens patriae and is also the only authorized legal representative of its state 3 agencies. 4 Defendants 5 10. Defendant AU Optronics Corporation is one of the largest manufacturers of 6 LCD panels, with its corporate headquarters at No.1, Li-Hsin Rd. 2, Hsinchu Science Park, 7 Hsinchu 30078, Taiwan. AU Optronics Corporation was formed in 2001 when Acer Display 8 Technology, Inc. merged with Unipac Optoelectronics Corp. During the Conspiracy Period, 9 AU Optronics Corporation and its predecessors manufactured, marketed, sold and/or 10 distributed LCD panels to customers throughout the United States and in Washington State. 11 11. Defendant AU Optronics Corp. America is a wholly owned and controlled 12 subsidiary of Defendant AU Optronics Corporation, with its corporate headquarters at 9720 13 Cypresswood Drive, Suite 241, Houston, Texas 77070, and has offices in Texas, California 14 and Illinois. During the Conspiracy Period, AU Optronics Corp. America manufactured, 15 marketed, sold and/or distributed LCD panels to customers throughout the United States and 16 in Washington State. 17 12. AU Optronics Corporation wholly controls AU Optronics Corp. America. AU 18 Optronics Corporation owns 100% of AU Optl'Onics Corp. America. AU Optronics 19 Corporation employees hold all of the seats on the board of AU Optronics Corp. America. 20 Further, all but one of AU Optronics Corp. America's officers were AU Optronics 21 Corporation employees working in Taiwan and paid solely by AU Optronics Corporation. 22 AU Optronics Corp. America has no autonomy or independence and is functionally a branch 23 of AU Optl'Onics Corporation. 24 13. Defendants AU Optronics Corporation and AU Optronics Corp. America are 25 referred to collectively hereafter as "AUO." 26 AMENDED COMPLAINT FOR 4 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 DAMAGES, RESTITUTION AND Seattle, WA 98104-3188 INJUNCTIVE RELIEF Page 4 (206) 464-7744 1 14. Defendant AU Optronics America acted as an agent of Defendant AU 2 Optronics Corporation and its predecessors during the Conspiracy Period. 3 15. Defendant Chimei Innolux Corporation, another of the largest manufacturers 4 of LCD panels, is a wholly-owned subsidiary of Chi Mei Corporation, with its global 5 headquarters at No. 160, Kesyue Rd., Jhunan Science Park, Miaoli County 350, Taiwan 6 R. O. C. This Defendant was formed in March 2010 through the merger of Chi, Mei 7 Optoelectronics Corp, Innolux Display Corp. and TPO Displays Corp. During the Conspiracy 8 Period, Chlmei Innolux Corporation and its predecessors manufactured, marketed, sold 9 and/or distributed LCD panels to customers throughout the United States and in Washington 10 State. 11 16. Defendant Chi Mei Optoelectronics USA, Inc., previously doing business as 12 International Display Technology USA, Inc., is a wholly owned and controlled subsidiary of 13 Chi Mei Corporation, with its corporate headquarters at 101 Metro Drive Suite 510, San Jose, 14 California 95110. During the Conspiracy Period, this Defendant manufactured, marketed, 15 sold and/or distributed LCD panels to customers throughout the United States and in 16 Washington State. 17 17. Defendants Chlmei Innolux Corporation and Chi Mei Optoelectronics USA, 18 Inc. are refe11'ed to collectively herein as "CMO." 19 18. Defendant Chi Mei Optoelectronics USA, Inc. acted as an agent of Defendant 20 Chimei Innolux Corporation and its predecessor Chi Mei Optoelectronics Corporation during 21 the Conspiracy Period. 22 19. Defendant Epson Imaging Devices Corporation, £'Ida Sanyo Epson, is a 23 wholly owned subsidiary ofSeiko Epson Corp., and is headquartered at 3-101 Minami- 24 Yoshikata, Tottori-shi, Tottori-ken, Japan. During the Conspiracy Period, Epson Imaging 25 Devices Corporation manufactured, marketed, sold and/or distributed LCD panels to 26 AMENDED COMPLAINT FOR, 5 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 DAMAGES, RESTITUTION AND Seattle, WA 98104-3188 INJUNCTIVE RELIEF Page 5 (206) 464-7744 1 customers throughout the United States and in Washington State. Sanyo Epson was ajoint 2 venture between Sanyo Electronics and Seiko Epson Corp. until Seiko Epson acquired Sanyo 3 Electronics' share and formed Epson Imaging Devices Corporation. 4 20. Defendant Epson Electronics America, Inc. is a wholly owned subsidiary of 5 Seiko Epson Corporation, and is headquartered at 2580 Orchard Parkway, San Jose, CA 6 95131. During the Conspiracy Period, Epson Electronics America, Inc. marketed, sold and/or 7 distributed LCD panels and LCD prqducts to· customers throughout the United States and in 8 Washington State.
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