Summary
Highlights
The video introduces a class action lawsuit against hard drive suspension assembly manufacturers for alleged price-fixing over 13 years (2003-2016). Raids by Japanese officials, indictments by the US DOJ, and convictions by the Brazilian government point to cartel practices. The lawsuit alleges that these manufacturers, controlling 97% of the market, conspired to fix prices, exchanging information and strategizing together to avoid competition.
The video delves into the history of hard drives, starting with IBM's RAMAC 305 in 1956, the first product to contain Hard Disk Drives (HDDs). This early model used a multi-directional arm system to read and write data from spinning magnetic disks. This revolutionary arm eventually evolved into the modern suspension assembly, a critical component that holds the read/write head precisely above the disk surface, maintaining an 8-nanometer clearance to prevent data loss.
The class action lawsuit, filed in 2019, followed investigations by the Japanese Fair Trade Commission (JFTC) in 2016 which found TDK and NHK Sprint guilty of price-fixing and imposed fines. In 2019, NHK Spring pleaded guilty to the US DOJ, agreeing to pay a $28.5 million fine for its role in the global price-fixing conspiracy between 2008 and 2016. Brazil also convicted NHK Spring and individuals, imposing fines exceeding $900,000 USD.
In 2005, the suspension assembly market was dominated by Hutcherson Technology Inc. (HTI) (55%), NHK Spring (22%), Magnamp's Precision Technologies (MPT) (20%), and SAE Magnetics (TDK subsidiary). Over time, TDK acquired Magnamp (2007) and Hutcherson (2016), leading to a duopoly with TDK and NHK Spring as the primary suppliers. Events like the 2011 Thailand floods further consolidated the market and exacerbated price increases.
The alleged conspiracy began in the early 2000s, with executives from Magnamp and NHK regularly exchanging pricing information, bids, shipment details, and market allocation. This 'management layer' communication ensured the cartel's operation. The market's high barriers to entry, concentrated nature, commodity products, inelastic demand, and close business relationships made it susceptible to such collusion.
TDK's acquisition of Magnamp in 2007 initially created unease within the cartel, but TDK reassured NHK that their 'positive relationship' would continue. A 40-40-20 market share split (NHK, TDK, HTI) was agreed upon, and TDK even helped NHK expand its customer base. However, TDK and NHK secretly conspired to drive HTI out of business, eventually leading to TDK's acquisition of HTI in 2016, amidst FTC concerns. The JFTC raids just months before the acquisition exposed the cartel.
The class action lawsuit is ongoing, with no guarantee of payouts, but prior convictions by JFTC, DOJ, and Brazil suggest a promising outlook for consumers. Drawing parallels to the DRAM antitrust litigation, which took 12 years for settlement payments, consumers may face a long wait for financial reimbursement. The video also notes a recent antitrust investigation into three major DRM manufacturers, implying ongoing issues with price-fixing in related industries.