>Optical Disc Drives (ODD)
Date Filed: May 6, 2010
Court: U.S. District Court
Location: California

Consumers are taking legal action against the technology industry for allegedly manipulating the price of CD and DVD drives in the United States, says Hagens Berman. The class-action law firm filed the complaint on behalf of consumers in the U.S. District Court of Northern California in April 2010.

Attorneys with Hagens Berman believe CD and DVD hardware makers including Sony, Hitachi, LG Technology and Philips allegedly conducted anticompetitive business practices that eliminated new market competitors and created artificially high prices for optical disc drives (ODD) and products.

The ODD market has dramatically increased over the last two decades and is a multi-billion dollar industry worldwide. ODD products can copy or play digital entertainment content via a CD or DVD, and are usually included in a range of products from laptops or desktop computers to gaming consoles and DVD players.

Since 2000, many of the world’s leading makers of ODD products came together through joint ventures and long standing business relationships to allegedly set high market barriers and fix prices on CD and DVD products, the lawsuit states. The lawsuit also states that the Department of Justice is currently investigating the technology industry for anticompetitive conduct and price-fixing of ODD products.

Attorneys with Hagens Berman believe these business practices created an anticompetitive marketplace by giving ODD industry leaders an uninterrupted opportunity to collaboratively discuss pricing, capacity utilization and other prospective market information.

The strong collaboration between ODD industry leaders caused potential and emerging competitors to refrain from entering the ODD market, the lawsuit states. Furthermore, the lawsuit claims that consumers were forced to pay inflated prices for ODD products.

Hagens Berman is representing consumers in the class-action lawsuit against ODD makers. If you purchased a laptop, desktop computer, gaming consoles or entertainment player that features an optical disc drive after November 1, 2005, you are encouraged to contact the law firm to find out if you are eligible to join the case.

UPDATES:

June 4, 2010 – United States District Chief Judge Vaughn R. Walker appointed Steve Berman and Jeff Friedman with Hagens Berman as interim class counsel, representing plaintiffs in the class-action lawsuit filed against ODD makers in April 2010. According to the court order, the final appointment of class counsel will be made when and if a class of indirect purchaser plaintiffs is certified.

June 24, 2010 - Judge Walker believed the broad stay of discovery DOJ requested was not justified here. The court intends to allow the normal evidence discovery process to proceed against the likes of Sony, Samsung and other optical disc drive makers, and address any specific concerns raised by the government if and when they arise.

submit to reddit Join me on the New Digg

Key Attorneys

Steve W. Berman
Mr. Berman co-founded the firm in 1993, and is the managing partner. He is considered one of the most succe...   link >>
Jeff D. Friedman

Mr. Friedman is a former federal prosecutor and currently a partner in Hagens Berman’s San Francisco office, where he specializes in class actions against some of the largest companies in the United States. He litigates cases involving antitrust violations, securities fraud, and consumer protection matters.

Mr. Friedman’s antitrust practice includes litigation against technology companies and cutting-edge competition policy issues. Mr. Friedman is part of our team of lawyers in the following cases in which Hagens Berman is lead or co-lead counsel:

  • In re Electronic Books Antitrust Litig., No. 11-md-02293 (DLC) (S.D.N.Y.): A nationwide class of eBook consumers allege five of the largest book publishers in the United States and Apple conspired to raise the prices of eBooks and restrain competition.
  • In re Optical Disk Drive Prods. Antitrust Litig., No. 3:10-md-2143 RS (N.D. Cal.): An action on behalf of consumers in more than two dozen states against the manufacturers of optical disk drives, the plaintiffs allege defendants conspired to increase the price of ODDs that were sold to original equipment manufacturers. Defendants’ conduct allegedly caused millions of consumer electronics products, such as computers, to be sold at illegally inflated prices.
  • Pecover et al. v. Electronic Arts Inc., No. 3:08-cv-02820-CW (N.D. Cal.): A nationwide certified class of consumers who bought interactive football video games. Plaintiffs allege Electronic Arts entered into a series of exclusive licenses with football intellectual property owners, such as the NFL, in order to lock-up the market. This resulted in increased prices, lower quality games, and reduced consumer choice.

Mr. Friedman has also been extensively involved in the firm’s representation of government entities, successfully recovering hundreds of millions of dollars for these cash-strapped entities. A recent series of cases include government entities seeking to recover monies wrongfully paid due to a scheme McKesson Corp. perpetrated. These cases include:

  • San Francisco Health Plan v. McKesson Corp., No. 1:08-CV-10843-PBS (D. Mass.); State of Utah v. McKesson Corp., No. CV 10-04743 SI (N.D. Cal.); The Commonwealth of Virginia v. McKesson Corp. et al., No. CV-11-02782 SI (N.D. Cal.); State of Oregon v. McKesson Corp., No. CV-11-5384-SI (N.D. Cal.).

From 1997-2000, Mr. Friedman was an Assistant United States Attorney in the Criminal Division of the United States Attorney's Office for the Central District of California (Los Angeles). As an AUSA, Mr. Friedman tried numerous federal cases and prosecuted matters involving investor, bank, and real estate fraud, tax evasion, narcotics trafficking, and money laundering. Prior to joining the U.S. Attorney's office, Mr. Friedman clerked for the Honorable Manuel L. Real, United States District Court Judge, Central District of California.

Mr. Friedman graduated with a B.A. degree in political science from the University of Washington in 1991, where he was a member of the varsity baseball team. Mr. Friedman obtained his J.D., magna cum laude, from Santa Clara University School of Law in 1994, where he was on the Dean's list, an Emery School of Law Merit Scholarship Recipient, and a research assistant to the Dean of the law school. He is licensed to practice law in California and admitted in the Central and Northern Districts and the United States Court of Appeals for the Ninth Circuit.

  link >>

        

Related Documents