Posted by donohoe 7 hours ago
How many millions are we talking.
It is not in any way, shape, or form a ruling much less even a piece of well researched work. It's "my side of the story that makes me look perfect, with lawyers turning the heat up to 11"
However the practical penalty for filling absurd lawsuits is zero unless you do it repeatedly to random people for a decade.
Absolutely nothing bad will happen to the plaintiff or the lawyers representing them in this case.
Western legal systems are broken.
If the plaintiff loses the lawsuit a countersuit is pretty unlikely to succeed unless the lawyer participates in gross misconduct. Generally, countersuits are filed more to put the original plaintiff on the defense and don't result in a large judgement.
If you are operating in good faith, then you are pretty insular from kickback as a plaintiff
None, hence the high price of liability baked into basically everything in America. And not just in nominal prices, but in terms of things like restricting access to spaces, restricting access to information, etc.
So here Samsung and SK Hynix could say they price match to Micron and they are in the clear.
In the U.S., competitors are allowed to act in similar ways in response to economic realities, as long as they each arrive at that decision independently. But publicly anchoring your price to a competitor’s is potentially illegal.
> Price fixing is an agreement (written, verbal, orinferred from conduct) among competitors to raise, lower, maintain, or stabilize prices or price levels.
[Emphasis added]
https://www.ftc.gov/advice-guidance/competition-guidance/gui...
When I worked at a gas station as a teenager there was definitely an unspoken implicit agreement that the price of gas would be 6 cents/liter above wholesale IIRC. Which was highly competitive and didn't completely cover costs.
Huh? I can go to most any gas station-occupied intersection and you will always find two that match and one (usually a Persian-owned Chevron) which is consistently a dollar or more higher per gallon across all grades of fuel.
No, the key term is "collusion", which could be done in the open or not. If a competitor told you they were unilaterally raising prices in secret, that would still be legal. Where you get into trouble is if you are cooperating to set prices. And no, this is all determined by a judge so cute workarounds like "I'm telling my competitors that I'm raising prices then gauging his body language" won't work.
Gas prices are posted on massive highly visible signs and are public information. This wasn't collusion, it was a sign of intense but friendly competition.
Price fixing is a many-to-one all the manufactures agree to the highest prices they all agree on and set it there.
This is like if you showed a supermarket that their competitor's oranges were more expensive, and they "matched" by raising their prices for everyone.
But the challenge is in proving it.
The most expensive foundry / fab isn't the leading edge, it is the "empty" ones. You can't have a fab sitting idle.
How can they do price fixing and discontinuing a product at the same time? It just looks like some companies are angry that AI / VC industry is outpricing them.
https://www.ftc.gov/advice-guidance/competition-guidance/gui...
Not saying I agree with the plaintiffs.