Seoul: SK hynix Inc. has resubmitted an amended F-1 Form registration with the U.S. Securities Exchange Commission (SEC) this week, which included potential litigation risks, as it proceeds with its bid to list on the U.S. market.

According to Yonhap News Agency, the filing submitted Tuesday (local time) revealed that SK hynix is facing a "putative antitrust class action suit" filed in the U.S. District Court for the Northern District of California. The lawsuit, brought by "indirect purchasers of conventional DRAM products," alleges that SK hynix, along with its U.S. subsidiary and two other memory semiconductor manufacturers, "conspired to restrict the supply of and inflate prices for conventional DRAM beginning in approximately October 2022."

The South Korean chip giant disclosed in its filing that it has secured the leading position in the global High Bandwidth Memory (HBM) market, with a 56.4 percent market share in the first quarter. It was also noted as the second-largest supplier of NAND flash memory based on revenue during the period, referencing data from IDC, a global market intelligence firm.

SK hynix aims to utilize the proceeds from the U.S. IPO to fund the construction of production facilities in South Korea and the acquisition of EUV scanners, which are projected to cost around 11.9 trillion won (US$7.6 billion) and expected to be delivered by December 2027.

The company has yet to disclose details of the American Depositary Shares (ADSs), including the offering price, as indicated in its previous filing submitted last Wednesday. The specifics will be determined through negotiations with underwriters, taking into account the last reported trading price of common shares and prevailing market conditions, as well as other factors, the chipmaker noted.