Comment by mywittyname
3 hours ago
The arguments made by the Plaintiff are thoroughly convincing to me. The fact that those 8 points are not enough to convict indicate the industry is fucked. Of course the defendants didn't leave a paper trail - they've already been convicted of collusion before.
It's the people and country that suffer when our government fails to ensure markets are free and fair.
If there is no agreement, then the magic term is "tacit collusion."
Why not ask the same ridiculous amount of money your competitors do? People seem to be paying for it. Their fault. If suppliers have sufficiently different products, they can make some more expensive, others cheaper; on average, everybody pays more. A high barrier to entry might help such practices.
That doesn't mean I'm saying this is what is happening. Sometimes things just suck, and somebody bought the world's supply of RAM wafers to use as frisbees.
https://en.wikipedia.org/wiki/Tacit_collusion
We have to decide what part is damaging to society: the actual physical agreement, or the effects of the agreement?
If it's the actual physical agreement that's the problem - the system is working as intended.
But if we are looking to prevent the negative outcomes associated with price fixing and collusion, our system is failing us.
They are never going to find proof of conspiracy. The people involved covered their tracks, and doing so is trivial. So the best we can do is punish the appearance of collusion. And if the goal is to actually prevent harm to customers, that's a better solution anyway, since it encourages leaders of companies to behave in a manner that's the opposite of collusion.
You'll have to create a case that harm is taking place. Harm does not mean a PlayStation 5 is now $200 more expensive or that inflation exists.
I would look at questions regarding what harm is created: Is it discriminatory? Are parts of society shutting down, and is that unreasonable? Are groups of people now unable to afford a living? Does it move the poverty line? Is that permanent? And how do you prove this is exclusively due to the price increase of tech components, and RAM specifically?
It needs to be unfuzzy in some way in order to make sense, but that's just my opinion.
I do agree prices are insane and wish for them to come down today. I liked the ubiquitous amounts of RAM any system could have. In those days, forums were also filled with how insanely expensive 32 gigabytes of RAM was, about $100 :)