Kyle isn't publishing the GPP contract he has with him because AIBs told him they know the contracts are all different, and if he made it public - even through his own words - it would paint a target on the whistleblower's back.
Which is funny, because the material difference in the contracts would pretty much be the only solid actionable item of all the ones that have been put forth so far. So, if Kyle does have the actual evidence of term variance that be tantamount to partner discrimination, he should be ALL means publish the discrepancies. In my estimation, if these discrepancies exist, they would deal with fair market value of product line that is being segrigated. If that's the case and any AIB feels that the contract terms undervalue their brand relative to that of their peers, then yes, they would have the cause to negotiate with Nvidia to redress the issue, and failing that, take up the issue with a mediator or make a regulatory complaint. I don't believe any of the issues highlighted so far have mentioned material contract variances or brand value assessment issues. I will concede that if these do come to light, Nivida will face regulatory scrutiny (as they should), I have just not seen any so far.
You're obviously (and knowingly) mixing up two different sub-sections on the
Competition Rules' webpage: "
Illegal Contacts and Agreements" (which refers to cartels) and "
Abuse of a Dominant Position" (which refers to a single company with a large marketshare).
The bullet-points referring to customer discrimination and forcing trading conditions belong to the "Abuse of a Dominant Position", i.e. nvidia taking advantage of their large marketshare, not the cartels.
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LOL, I am responding to the post as presented by the OP. If there is any "mixing" of concepts going on, that would be on him/her since they are the ones who chose to include competently irrelevant anti-cartel provisions in their list of statutes Nvidia is allegedly violating.
GPP falls very obviously into the "force trading conditions":
It is my assertion that it's not obvious at all. Stipulations of branding segmentation or exclusivity are extremely common contractual provisions among various industries and in general to not constitute bonafide restrictions of trade unless they specifically address terms and conditions of supplier agreements with competing parties.
Now, do you think GPP's documentation has to say "if your company doesn't adhere to GPP then you lose all of these things" for nvidia to be considered guilty?
If so, you're awfully naive. No signed document would ever state something like that. There wouldn't even be an investigation if they had, it would go straight to court and they would lose billions after the first hearing.
Two things.
1) It's certainly within Nvidia's right to issue reasonable conditions to their resellers. I already explained in great detail why, in my opinion, the request for branding segmentation is reasonable, legal, and to be frank, the only logical (from ROI perspective) stipulation.
2) I am just curious, what is your bases for comparison? Have you in fact read an actual, existing AIB supplier contract between Nvidia and an AIB? To claim material alternation so egregious as to constitute abuse, you would need to keen understanding of the existing language so if you are willing to cite your before-and-after (GPP) sources, I would be more then willing to go through both sets of T&Cs and give you my assessment; however seems it's pretty clearly simply speculation grounded in animosity towards a cetain IHV.
You think Intel had even a single signed document saying "if you sell AMD CPUs we will limit allocation to your CPUs" back in 2005?
Legal departments and boards of directors can be stupidly bullish, but they're not stupidly stupid.
You are conflating Intel's restrictions on AMDs supplier contracts with resellers to Nvidia's contractual terms addressing their own product marketing. Besides the very obvious difference (Intel was stipulating terms for supplier's relationship with a thrid party, VS GPP two-party stipulations), the method that Intel employed, which was tantamount to kickback payments in exchange for refusal to buy parts from AMD has absolutely no analog here. When evidence comes to light of Nvidia putting cash on the barrel preventing AIBs from building AMD-based cards (HP famously refused FREE AMD CPUs to keep the checks coming), or requiring them to only sell high-end Nvidia cards, we can revisit this case to see how much of it applicable to GPP, but until then, in my opinion, none of it really is.
If a lawsuit comes up, there will be people making depositions, court hearings with witnesses on the stand, investigators going through thousands of e-mails, and tens/hundreds of other activities that take place to determine if nvidia ever had the intent of abusing their market dominance through GPP.
Here is my prediction: Based on the all the evidence that I have seen so far, I would be very surprised to see any viable legal action taken in regard to GPP; I would be fully astounded to see parties actually prevail against in unlikely even that it ever is Nvidia.
And AMD has come up publicly saying "come talk to us if you went through this", which led to the assumption that they're gathering up the witnesses to mount a case.
Actually, this is pure theatrics. They have the contact information of every single AIB, what they are doing here is marketing in form of plausibly-deniable accusations. I would argue based on the facts as currently known AMD lacks sufficient standing to survive a preliminary hearing.
Funny thing is this could turn into a lawsuit filed by both AMD and Intel, since GPP also threatens Intel's own Kaby Lake G lineup (and maybe future products, with
CannonLake NUCs appearing with RX500 GPUs this could be another MCM integration).
What's really funny is that you unironically bring up AMD-Intel agreement, a potential oligopoly with total platform control and as such massive potential for collusion, market sharing and bundling implications in the same post where you bemoan Nvidia's alleged transgressions. There were some potentially troubling statements made during the announcement regarding possible competitive delineation that may cause trouble for both down the road.