In Re Tft-Lcd (Flat Panel) Antitrust Litigation

ORDER DENYING DIRECT PURCHASER PLAINTIFFS’ MOTION TO COMPEL AMNESTY APPLICATION DEFENDANT TO COMPLY WITH ACPERA

The direct purchaser plaintiffs have filed a motion to compel the amnesty applicant to comply with ACPERA or forfeit any right it may have to claim reduced civil liability. The motion is scheduled for a hearing on May 22, 2009. Pursuant to Civil Local Rule 7 — 1(b), the Court determines that the matter is appropriate for resolution without oral argument, and VACATES the hearing.

Plaintiffs state that the lead attorney supervising the Department of Justice Antitrust Division’s investigation of price-fixing in the TFT-LCD industry confirmed to plaintiffs’ counsel that the DOJ entered into a conditional leniency agreement with a company that manufactured and sold TFT-LCD panels. Fastiff Deck ¶ 2. Plaintiffs seek an order requiring the amnesty applicant (also referred to as leniency applicant) to disclose its identity and “provide the cooperation it owes Plaintiffs as required by the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (“ACPERA”).” Motion at 1.

ACPERA provides, in relevant part:

Antitrust Criminal Penalty Enhancement and Reform Act of 2004, Pub.…