pv magazine: Did the ruling in the U.S. surprise you, and what does it mean for Solarworld? Frank Asbeck: The judge's decision in Michigan against our German affiliate SolarWorld Industries Sachsen was recently announced. I find it absurd, both the lawsuit itself and the amount. But for Solarworld, this initial judgment changes absolutely nothing. You've announced that you'll appeal. Is that still your position? Of course, the whole thing will move to appellate court. I think that's always been clear to everybody, to both to Hemlock and to the judge. It'll be another year before we get a final ruling in the U.S. And even then it won't be enforceable against us. You're sticking to your argument that the supply contract with Hemlock violates European antitrust legislation. Can you briefly explain what exactly about the supply contract was against EU anti-trust law? The old take-or-pay contracts at issue were concluded at a time when silicon suppliers wouldn't sell you anything unless you agreed to exorbitant prices, sometimes 20 times today's price. You either agreed to multi-year purchasing commitments or you didn't produce. It's as if your telephone provider today wanted you to pay the same unit price for a phone as when they were the all-black rotary-dial models supplied by a single provider. But the decisive factor is that the Hemlock contracts contain several clauses that drastically violate antitrust legislation. Why, in your opinion, did the U.S. judge disregard this argument in the initial trial? Since European antitrust legislation is applicable in this case, the American judge indicated that the issue should be dealt with in the appeals court. That is exactly what will happen - at the latest in a German court - if Hemlock tries to enforce its claim for damages in Germany. Do you think that during the appeal process the antitrust argument will get a closer look? A U.S. ruling can only be recognized in Germany if it is consistent with the principles of the German law. Part of that is antitrust legislation. At that point, at the latest, ...Den vollständigen Artikel lesen ...