Best Buy Co., Inc. et al v. AU Optronics Corp. et al

Filing 581

FORM OF SPECIAL VERDICT (Illston, Susan) (Filed on 8/28/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IN RE: TFT-LCD (FLAT PANEL) ANTITRUST

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LITIGATION

United States District Court
For the Northern District of California

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No. M 07-1827 SI
MDL No. 1827

/
This Order Relates To:
Best Buy Co., Inc. v. AU Optronics Corp.,
et al.,
Case No. 10-CV-4572 SI
Best Buy Co., Inc. v. Toshiba Corp., et
al.,
Case No. 12-CV-4114 SI
/

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SPECIAL VERDICT

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We the jury unanimously find as follows on the questions submitted to us:

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Question 1: Did Best Buy prove, by a preponderance of the evidence and in accordance with the

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instructions given to you, that Toshiba knowingly participated in a conspiracy to fix, raise, maintain or

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stabilize the prices of TFT-LCD panels?

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_______________
Yes

_______________
No

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United States District Court
For the Northern District of California

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Question 2: Did Best Buy prove, by a preponderance of the evidence and in accordance with the

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instructions given to you, that HannStar knowingly participated in a conspiracy to fix, raise, maintain

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or stabilize the prices of TFT-LCD panels?

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_______________
Yes

_______________
No

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If your answer to either Question 1 or 2 is “Yes,” please answer the next question. If your answers to
both Questions 1 and 2 are “No,” please go to the end of the verdict form, and sign and date it where
indicated.

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Question 3: Did Best Buy prove, by a preponderance of the evidence and in accordance with the
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instructions given to you, that the conspiracy involved TFT-LCD panels and/or finished products (e.g.,
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notebook computers, computer monitors, televisions, camcorders, cell phones and digital cameras
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containing TFT-LCD panels) imported into the United States?
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_______________
Yes

_______________
No

If your answer to this question is “Yes,” please answer the next question. If your answer to this question
is “No,” please go to Question 5.

United States District Court
For the Northern District of California

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Question 4: Did Best Buy prove, by a preponderance of the evidence and in accordance with the
instructions given to you, that the conspiracy involving imported TFT-LCD panels and/or finished
products (notebook computers, computer monitors and televisions containing TFT-LCD panels)
produced substantial intended effects in the United States?
_______________
Yes

_______________
No

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Please answer the next question.

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Question 5: Did Best Buy prove, by a preponderance of the evidence and in accordance with the
instructions given to you, that the conspiracy involved conduct which had a direct, substantial and
reasonably foreseeable effect on trade or commerce in the United States?
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Yes

_______________
No

If your answer to either Question 4 or Question 5 is “Yes,” please answer the next question. If your
answers to both Question 4 and Question 5 are “No,”please go to the end of the verdict form, and sign
and date it where indicated.

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Question 6: Do you find, based on the preponderance of the evidence and in accordance with the

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Court’s instructions, that Best Buy discovered the conspiracy to fix the prices of TFT-LCD panels prior

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to September 15, 2005?

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_______________
Yes

_______________
No

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If yes, in what month and year did the plaintiffs discover the conspiracy?
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_______________
Month

_______________
Year

United States District Court
For the Northern District of California

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Question 7: Do you find, based on the preponderance of the evidence and in accordance with the
Court’s instructions, that Best Buy discovered the conspiracy to fix the prices of TFT-LCD panels prior
to December 31, 2006?
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Yes

_______________
No

If yes, in what month and year did the plaintiffs discover the conspiracy?

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_______________
Month

_______________
Year

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Question 8: Did Best Buy prove, by a preponderance of the evidence and in accordance with the

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instructions given to you, that it was injured as a result of the conspiracy in which one or both of the

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defendants knowingly participated?

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_______________
Yes

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No

If your answer to this question “Yes,” please answer the next question. If your answer to this question
is “No,” please go to the end of the verdict form, and sign and date it where indicated.

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Question 9: For Best Buy’s direct purchases only, what is the amount of damages Best Buy proved, by

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a preponderance of the evidence and in accordance with the Court’s instructions, that it suffered as a

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result of the conspiracy?

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$________________________________
(Please fill in a dollar amount total)

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Question 10: For Best Buy’s indirect purchases only, what is the amount of damages Best Buy proved,

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by a preponderance of the evidence and in accordance with the Court’s instructions, that it suffered as

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a result of the conspiracy?

United States District Court
For the Northern District of California

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$________________________________
(Please fill in a dollar amount total)

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Date: _______________
__________________________
FOREPERSON

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