Memory Makers Plan to Cut NAND Flash Production
anandtech.com
anandtech.com
Isn't that illegal? To fix the market by colluding and price fixing?
How is this different from the act that Mercedes, BMW and VW are getting fined for for colluding to not release emissions tech?
They all respond to the same changing market conditions -- they can't just continue increasing their production when the price continues its downward spiral. Further, the largest producer Samsung hasn't joined the foray yet according to the article. Samsung is a big variable in this -- the company's expansion created the memory glut that drove the whole industry to record loss in 2015-2016.
The EU's antitrust authority claims that the automakers "coordinated" strategies to limit competition. This is probably not the case here.
Why do we think that? Hasn't these companies and/or industry been caught and fined for illegally coordinating their efforts before?
When Samsung announced a major expansion in early 2010's, many analysts predicted the price glut in 2015-16 that followed. That memory price glut (and a record loss by all industry participants) in turn discouraged capex by memory makers that resulted in the 2017-18 boom we just witnessed. So now, the windfall during the last boom likewise encouraged higher capex and production increase that is now driving down the price and their bottom line again -- the industry nearly completes a full cycle and is at another trough marked by decrease in capex and production cut. There is really nothing too conspiratorial about this business cycle.
Sure, I think every memory makers at one point got caught price-fixing, but you can't just say they are colluding again just because they are all cutting production under unfavorable market condition (ie, lower demand/falling price).
It's really pretty absurd how far they're pushing their price-fixing, but I suppose it's been made clear to them that this time they won't be busted for it. South Koreas president closed the investigation into it shortly before being jailed for corruption, and I haven't heard anything about re-opening it.
The chinese are slowly entering the NAND business so there's not going to be few enough players to really make collusion possible.
http://www.businesskorea.co.kr/news/articleView.html?idxno=3...
The modern way of doing price fixing is through corporate M&A and that's been rubber stamped by every U.S. administration for >40 years.
Yeah, how dare these companies adjust their production to respond to supply/demand imbalances? /s
I cringe at the vision of a world where that would be illegal.
If all cement manufacturers suddenly got together and said they'll keep their prices at 40% more than others what happens to the construction industry and the consumers looking to build houses?
A not unreasonable one considering two of the three (Hynix and Micron) are convicted price fixers.
This is a classic prisoners’ dilemma, where everyone should defect. If they don’t, it must be due to coordination, either ex- or implicitly. And because anti-trust is civil law, it criminal, the standard of poof is “preponderance of evidence”, i. e. >50%.
This is not an efficient market. Large changes in supply have lead times on the order of years, and demand cannot be accurately predicted that far out. Months-long oversupply and shortage conditions are unavoidable. The costs of entry get significantly higher with each generation. A two generation old NAND fab cannot be operated profitably even after all the construction and R&D costs have been recouped.
They've pled guilty in the original DRAM price fixing collusion and they just got sued last year for the same charge, it's ongoing.
I can only guess that laws are more lenient in Asia and they can only be charged in US after the fact.
Edit: removed my opinion about getting sued again as that's off the topic.
Now you are making stuff up. We are in 2018, not 2006. There is no regulatory investigation by any gov't antitrust agency. China's NDRC announced that they had "massive evidence" of price fixing by Micron, Samsung and SK Hynix, in 2018. It turned out they had nothing, so instead they tried to blackmail Samsung and SK Hynix to drop all pending and future patent lawsuits against China's domestic companies in exchange for dropping a multibillion dollar fine and antitrust violation that they couldn't prove.
You clearly haven't read the class-action lawsuit by Hagens Berman in which the law firm alleges that the memory companies "coordinated" by signaling each other via PR. Do you understand why the class lawsuit is not going anywhere?
Telling me "no proof of collusion" without any source is the same as making stuff up.
Technically, we're in 2019 but that's off the topic.
If you are citing Wiki, you probably know very little about the older 2006 case. You seem to make haste assumption on what, how, and who are involed this time around without any facts or understanding claims made by different parties.
> Telling me "no proof of collusion" without any source is the same as making stuff up.
You are the one making accusation against the DRAM makers of price-fixing, it's your obligation to prove your allegations. The burden of proof is not on me to prove the negative (which is a logical fallacy).
https://www.techspot.com/news/79303-micron-follows-samsung-r...
https://www.bloomberg.com/news/articles/2019-01-30/samsung-p...