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Email evidence unveiled in NVIDIA/ATI price fixing civil action

by Scott Bicheno on 16 July 2008, 13:19

Tags: NVIDIA (NASDAQ:NVDA)

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“That's not good for the defense”

Something called “a class certification hearing” began earlier this month on a law suit that combines over 50 individual civil antitrust actions against NVIDIA and AMD, which allege price fixing in the GPU market, reports Law.com.

In it, a key piece of evidence has been unveiled by the plaintiffs’ attorney: a 2002 email from then NVIDA senior VP of marketing, Dan Vivoli, to then ATI's president and CEO, Dave Orton.

In part of the email, Vivoli said: “I really think we should work harder together on the marketing front. As you and I have talked about, even though we are competitors, we have the common goal of making our category a well positioned, respected playing field. $5 and $8 stocks are a result of no respect.”

Ominously, after reading this email aloud, the presiding judge – U.S. District Judge William Alsup – said: “That's not good for the defense. A jury would like to see this.” He also addressed the plaintiffs, saying: “This is not a bad document for you. It is not a home run but it is a base hit.”