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Friday 26th September 2008

Nvidia settles GPU price fixing class action case

Posted at: 12:32pm 26th September 2008 by Ben Hardwidge

Class to receive $1.7 million US fund, while plaintiffs receive $112,500 from Nvidia and dismiss their claims

ATI and Nvidia antitrust

Following the legal class action case in California that saw Nvidia and ATI accused of colluding together to fix GPU prices, Nvidia has offered a settlement agreement to the certified class that brought the action. This class can include anyone who bought a graphics card directly from Nvidia or ATI’s website in the US between 4 December 2002 and 7 November 2007.

The settlement agreement is detailed in an 8-K form that was filed on 24 September. The agreement calls for Nvidia to pay $850,000 into a total fund of $1.7 million, with AMD/ATI presumably paying in another $850,000 to make up the other half, although we’re waiting for AMD to confirm this. However, the 8-K form says that the agreement is still ‘subject to court approval.’ If the agreement is approved, then Nvidia says that it ‘would dispose of all claims and appeals raised by the certified class in the Action against Nvidia.’

The 8-K form also details a settlement agreement with the individual plaintiffs who brought the case to court, saying that Nvidia will ‘pay $112,500 in exchange for a dismissal of all claims and appeals related to the Action raised by the individual indirect purchaser plaintiffs.’ This settlement, says Nvidia, ‘is not subject to the approval of the District Court.’ According to the form, this agreement has already been accepted, and the plaintiffs have now ‘dismissed their claims and withdrawn their appeal of the class certification ruling.’

The antitrust case alleged that ‘Nvidia and ATI conducted numerous secret meetings and communications in which they conspired to fix, raise, maintain and stabilize prices of GPUs sold in the United States. At these meetings, Defendants also colluded to coordinate the timing of new product introductions that were based on similar, competing technologies which also had the effect of fixing, raising, maintaining, and stabilizing GPU prices.’

With the plaintiffs dismissing their claims, and the settlement agreement waiting for court approval, it looks as though this is the last we’ll see of this antitrust case. However, it’s interesting that neither company has been proved innocent in this case, with the claims being dismissed out of court instead.



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Comments
What about the rest of us?

Hang on a minute, they (allegedly) fixed the price of their GPU's but only on their own websites? What about those that were sold by other vendors? Are they trying to say that there was no knock on effect? Typical Yank half wits only able to see half the story!

Comment by redsnake77 at 2:46pm 30th September 2008



What about the rest of us?

Hang on a minute, they (allegedly) fixed the price of their GPU's but only on their own websites? What about those that were sold by other vendors? Are they trying to say that there was no knock on effect? Typical Yank half wits only able to see half the story!

Comment by redsnake77 at 2:46pm 30th September 2008



Corporations are made for profit only. Yeah they might have a brain fart now and then and improve things, but mainly it is profit they are interested in and keeping shareholders happy.

Comment by CSQuake at 11:25am 29th September 2008



Capitalism has failed!

We need a good Socialist like George W to come in and nationalise the GPU industry.

Comment by frontline at 10:41am 28th September 2008



Corporations are made for the benefit of everyone, not ripping off everyone...

Comment by flamingids at 5:40am 28th September 2008



Why

Must you idiots try and escalate things or attempt to after these companies you call the greedy corperations, have given you the ability to play your effing games... TBH its just a load of crap, and they should be allowed to fix prices, since these two are the only real competitors in the industry. Your only complaining now because something like this came out. Sueing the company isnt going to bring their prices down nor bring out some super duper nuke powered card for only £50. Belt up would yas?

Comment by Lightning_Pete at 12:49pm 27th September 2008



I bought an 8800GTS 640 last summer in the UK aswell for £270! If anyone does know if it is avaliable in the UK please let the world know on Digg! I would love to see some of that back if this was the case. Quite disappointed in Nvidia! This seriously holds back progress :(

Comment by nukemben at 11:49pm 26th September 2008



Maybe...

..they paid AMD's half of the fund in exchange for information on how to manufacture a GPU die properly?

Comment by frontline at 7:30pm 26th September 2008



Money talks and b*llsh*t walks!

Shame we didn't see this go to court. Would have been nice to hear how Nvidia AND ATi were working this one in detail. I wouldn't be surprised if skint ATi didn't pay their half. Their goes their profits from the 4XXX series.

Comment by crazyceo at 6:39pm 26th September 2008



I brought a 8800GTS 320 (£190)last summer and I would like the legal action to be initiated in the UK and see £100 back

Comment by manino1 at 4:02pm 26th September 2008



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