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Regulatory authorities launch antitrust investigations targeting Nvidia's market dominance and practices.

Antitrust enforcement may constrain supply agreements and bundling, fragmenting GPU channels and forcing competitive alternatives emergence.
Trade pressSlicast · September 12, 2024 · Global · Source: forbes.com
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Nvidia's dominance in the datacenter GPU market, where it holds more than 90% market share, has made an antitrust investigation by the U.S. Department of Justice inevitable. While factually Nvidia possesses a monopoly, the critical legal question is whether the company is using that monopoly power to harm customers, stifle competition, or limit innovation. According to Bloomberg reporting, the government is investigating whether Nvidia may be making it hard for customers to switch to other vendors and punishing customers who use competitors' chips, potentially by offering better pricing exclusively to those using Nvidia's chips.

Patrick Moorhead, who brings substantial experience from prior antitrust cases—having been a key witness in AMD v. Intel (2005), FTC v. Intel (2009), and EU v. Intel (2009)—notes the investigation aligns with aggressive enforcement under FTC chief Lina Khan's approach to antitrust behavior. The specific tactics under scrutiny include tying, retaliation, exclusionary rebates, or technically blocking competitors' access to markets, such as preventing competitors from interfacing with Nvidia's market-dominant CUDA software platform. These actions represent potential smoking guns for the DOJ, and Moorhead fully expects similar probes to follow in the EU, South Korea, and Taiwan.

Antitrust cases characteristically require substantial time to resolve, with easily a decade passing from investigation to judgment to appeal, as demonstrated by precedents including AT&T, IBM, Microsoft, and Google. Courts or regulators may eventually issue injunctions forcing behavioral changes, as occurred with Apple's App Store handling in the EU. Moorhead notes that investors understand serious DOJ investigations take many years to resolve and are unlikely to affect stock decisions until a ruling emerges, meaning the stock sell-off following Bloomberg's report stemmed primarily from macroeconomic concerns about recession rather than antitrust fears.

The more immediate practical impact will be operational friction: having lawyers present in conversations about pricing, strategy, and allocation; requiring legal approval for every pricing or bundling decision; and maintaining detailed written records with lawyers copied on all correspondence. While Moorhead does not expect Nvidia to experience the degree of slowdown Microsoft faced during its major antitrust scrutiny more than 20 years ago—given Nvidia's current execution and competitive lead—the company must nevertheless remain vigilant. At some point, which companies have complained to the government about Nvidia's practices will likely become public knowledge, potentially including not just direct competitors but also some of Nvidia's largest hyperscaler customers.

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Regulatory authorities launch antitrust… · Slicast