freebird wrote:They may have a hard time proving it with server memory & GPU memory demand as high as it is
Understatement.
I have no problem believing that they are artificially constraining supply (Because they've publicly said that they are!) in tacit cahoots, but the problem is that reacting to what your competitors say in their public filings/earnings calls isn't straightforward collusion.
And that, I'm afraid, is exactly what the complaint alleges.
In the previous case there was evidence that they held private meetings to do this. That's completely illegal. They also had employees plead guilty to specifically setting pricing based on shared information. That's the dumb way to do it, the current compliant alleges this is all strictly supply, which is the smarter way to do it.
Basically, the complaint
suggests, completely circumstantially, that they conspired to coordinate through public filings/earnings calls. Even if they did, that's hard to prove. And, honestly, it's entirely possible that they didn't: Once Micron publicly says "We're focusing on profitability at this time, not investments aimed at expanding market share", yeah, Samsung can react accordingly.
So, this really isn't like round 1. This is a
very tough case. Unless someone comes out of the woodwork, one way or another, that can credibly claim that there was private decision amongst the companies to coordinate from that point forward solely through their filings, well, I *really* wouldn't hold my breath.