Monday, September 29th 2008

NVIDIA Settles GPU Price Fixing Class Action Case, Offers to Pay $850,000

Following the legal class action case filled in December of 2006 in California (if I remember right) which alleged that "Nvidia and ATI conspired to fix, raise, maintain and stabilize prices of graphics processing chips and cards.", NVIDIA yesterday offered a settlement agreement detailed in an 8-K form that was filed on September 24th. The Agreement calls for NVIDIA to pay $850,000 into a $1.7 million fund, AMD/ATI must pay the remaining $850,000. The class includes anyone who bought a graphics card directly from either ATI or NVIDIA's websites in the US between 4th December 2002 and 7th November 2007. Purchases of both ATI and NVIDIA cards from other retailers or online vendors does not count. NVIDIA will also pay $112,500 to the plaintiffs who brought the case to court, in exchange for a dismissal of all claims and appeals they made. Read the full 8-K form here. There's still no official response from AMD/ATI.Source: EDGAR ONLINE
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21 Comments on NVIDIA Settles GPU Price Fixing Class Action Case, Offers to Pay $850,000

#1
Unregistered
Think every corporation is guilty of this, and we wonder why the economy is screwed.
#2
Hayder_Master
i think because this first time we see price fight like this between ati and nvidia the 4xxx and gtx2xx
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#3
DEFEATEST
It's funny because in the newest PC Gamer there is a page about 3/4 of the way through the book that is a legal notice about the lawsuit. Very difficult to understand and I wasnt sure what it was until now! Man was it weird seeing something like that in PC Gamer.
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#4
iStink
So what does this mean for the people who bought video cards? Will they get a part of that 1.7 million? It seems to me greed is all over the place here; with Nvidia and ATI, and now with the people who brought this case to court. Instead of pushing for more money, they settled knowing they'd get a nice big paycheck out of it and not really giving two shits about anyone else.
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#5
Nyte
I can't believe that this actually went through... considering that nearly half of the plaintiffs claims about the price fixing during "secret" meetings aren't true at all.
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#6
Sasqui
malware said:
The class includes anyone who bought a graphics card directly from either ATI or NVIDIA's websites in the US between 4th December 2002 and 7th November 2007. Purchases of both ATI and NVIDIA cards from other retailers or online vendors does not count.
WTF?
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#7
Apocolypse007
Sasqui said:
WTF?
My thoughts exactly, I've purchased several cards since 2002, but all have been from newegg. Who actually buys off of the official site?
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#8
WarEagleAU
Bird of Prey
There are some who do obviously. I think they need to reimburse everyone who's bought a card from an etailer with the price fixing. Obviously Sapphire isnt going to give you an hd 2900 XT for 299 when ATI probably charged it 299 to begin with.

EDIT: I realize that would be a lot of money, so maybe a free card or something.
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#9
devguy
Nyte said:
I can't believe that this actually went through... considering that nearly half of the plaintiffs claims about the price fixing during "secret" meetings aren't true at all.
It looks to me that it didn't go through. Nvidia simply settled before this could further blow up in there face. $850G is nothing compared to what could have happened with a very swayed jury. Basically, Nvidia paid the $850G to a fund and $112.5G to the plaintiffs to STFU.
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#10
Darkrealms
Apocolypse007 said:
My thoughts exactly, I've purchased several cards since 2002, but all have been from newegg. Who actually buys off of the official site?
Agreed, but it would take everyone of those companies that we had purchased from being served as well. I don't see that happening.
WarEagleAU said:
There are some who do obviously. I think they need to reimburse everyone who's bought a card from an etailer with the price fixing. Obviously Sapphire isnt going to give you an hd 2900 XT for 299 when ATI probably charged it 299 to begin with.

EDIT: I realize that would be a lot of money, so maybe a free card or something.
Probably paying the people the difference would be cheaper than a new card (unless you want an 8400?? LoL).
devguy said:
It looks to me that it didn't go through. Nvidia simply settled before this could further blow up in there face. $850G is nothing compared to what could have happened with a very swayed jury. Basically, Nvidia paid the $850G to a fund and $112.5G to the plaintiffs to STFU.
Sorry management, your bonus this year will be a little smaller . . . LoL
In a way this gets Nvidia out of the light before this fully blows up. Now these greedy fools will spend all their time going after ATI (AMD) and probably try pinning them in court.

Pitty there were no good intentions with those people involved in the lawsuit. Just a get rich quick mindset : (
I'd rather see a company fined by the government than people like this fighting things. And in my opinion thats sad.
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#11
cloaker
Where is this money going to?
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#12
Apocolypse007
cloaker said:
Where is this money going to?
if its a class action lawsuit (and it is) it goes to the customers hurt by the price fixing. However, you will only get compensation if you bought directly from ATI/Nvidia's websites, not other electronic retailers
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#13
[I.R.A]_FBi
and then when they fail they want a bail out
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#14
dalekdukesboy
[I.R.A]_FBi said:
and then when they fail they want a bail out
thankfully the "bailout" I assume your referring to failed in the congress so there is no bailout of the banks, but I agree with your tone that obviously can apply to any business/corporation that bail outs are a bad idea, economies and free markets fix themselves given time, whether it's the bank market, or the video card gamers market...
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#15
iStink
ok so lets say I did buy from ATI's website. How much can I get? Definitely not as much as the people who brought this case up and then decided to say F--- you to everyone else by taking the settlement.
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#16
dalekdukesboy
besides...why is NVIDIA plastered all over this...ATI is also half guilty as well, this whole friggon story and how it is presented is ridiculously biased, only difference is Nvidia had to pay 100k+ to the plaintiffs as well, otherwise BOTH ATI and NVIDIA were as guilty of this price fixing and so on. I'm not a fanboy of either really so if this were the other way around and ATI's name was plastered all over it and Nvidia only briefly mentioned I'd think it was just as crappy a story in its presentation. I'll rewrite headline as it should read..." Nvidia and ATI settle suit, both offer to pay 850k to fund"
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#17
roofsniper
dalekdukesboy said:
besides...why is NVIDIA plastered all over this...ATI is also half guilty as well, this whole friggon story and how it is presented is ridiculously biased, only difference is Nvidia had to pay 100k+ to the plaintiffs as well, otherwise BOTH ATI and NVIDIA were as guilty of this price fixing and so on. I'm not a fanboy of either really so if this were the other way around and ATI's name was plastered all over it and Nvidia only briefly mentioned I'd think it was just as crappy a story in its presentation. I'll rewrite headline as it should read..." Nvidia and ATI settle suit, both offer to pay 850k to fund"
NVIDIA yesterday offered a settlement agreement detailed in an 8-K form that was filed on September 24th. The Agreement calls for NVIDIA to pay $850,000 into a $1.7 million fund, AMD/ATI must pay the remaining $850,000.
it was nvidia's agreement that they offered if ati will accept it. and
There's still no official response from AMD/ATI.
ati hasn't accepted it yet.
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#18
zithe
devguy said:
It looks to me that it didn't go through. Nvidia simply settled before this could further blow up in there face. $850G is nothing compared to what could have happened with a very swayed jury. Basically, Nvidia paid the $850G to a fund and $112.5G to the plaintiffs to STFU.
No really... There are people who could sell their house and pay that off. (California lol)

Some punishment. Awful glad, though.
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#19
Sasqui
cloaker said:
Where is this money going to?
Ummm... LAWYERS.
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#20
Unregistered
LMAO, pocket change to both companies, it would be like us paying $0.50 to avoid a hefty fine. :roll:
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#21
eidairaman1
The Exiled Airman
dalekdukesboy said:
besides...why is NVIDIA plastered all over this...ATI is also half guilty as well, this whole friggon story and how it is presented is ridiculously biased, only difference is Nvidia had to pay 100k+ to the plaintiffs as well, otherwise BOTH ATI and NVIDIA were as guilty of this price fixing and so on. I'm not a fanboy of either really so if this were the other way around and ATI's name was plastered all over it and Nvidia only briefly mentioned I'd think it was just as crappy a story in its presentation. I'll rewrite headline as it should read..." Nvidia and ATI settle suit, both offer to pay 850k to fund"
you just hate the fact that Nvidia was wrong doing. But beyond that, Companies really don't have Control unless if the Card goes below the MSRP, otherwise the Other Companies can sell it for as much as they like.
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