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by JumpCrisscross 744 days ago
> Linux has huge marketshare especially across server space where NVidia cards are used also

Consumers don't generally rent server space. It would be difficult to establish consumer harm on the basis of server prices.

> Furthermore plenty of people run Linux desktops that would be affected by this

Right, this is the insignificant bit. Inconveniencing 2 or 3% of the market is not a valid antitrust claim [1][2].

> Consumer harm comes when there is intention to control consumer choice

No, it comes when you can prove prices were raised, output reduced, innovation diminished or customers were "otherwise harmed" [3]. To the degree intent is considered in the enabling case, it's in reading the intent of the Congress, not the defendant [4].

[1] https://en.wikipedia.org/wiki/Usage_share_of_operating_syste...

[2] https://gs.statcounter.com/os-market-share/desktop/north-ame...

[3] https://www.americanactionforum.org/insight/why-the-consumer...

[4] https://supreme.justia.com/cases/federal/us/442/330/

2 comments

Output has been scarce for NVIDIA gpu's for quite some time. Often not even being able to support the demand for their cards. NVIDIA is a trillion dollar company right now. There should be no reason why they are restricting access to their reference cards and not able to support demand.

You are also not counting handheld use such as the Steamdeck. There is a reason Steamdeck doesn't use NVIDIA graphics.

Consumers do rent server space and prices were manipulated, because they could control consumer choice. It’s all done for the control of the consumer, hence the antitrust.