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Court denies motion to dismiss DRAM price fixing case (litnews.ai)
2026-11-15 Sun | 422 points by ybathaee | original
[−]moribvndvs · 2026-11-15 Sun 05:36 UTC · link
I swear if they are found guilty of price fixing 13 or 14 more times, I’m outta here.
[−]minraws · 2026-11-15 Sun 06:09 UTC · link
To where exactly?
[−]briffle · 2026-11-15 Sun 06:39 UTC · link
Intel optane, of course!
[−]brendoelfrendo · 2026-11-15 Sun 07:24 UTC · link
Weaving my own magnetic core memory
[−]internetter · 2026-11-15 Sun 08:40 UTC · link
[−]somenameforme · 2026-11-15 Sun 06:41 UTC · link
Don't worry, this time the fine's going to be unprecedented, maybe even a whole week of revenue. That'll show 'em!
[−]Woodi · 2026-11-15 Sun 07:41 UTC · link
Fines ?? Why bother ? Immunity on the other hand, that could nicely resolve whole thing ;)
[−]M95D · 2026-11-15 Sun 07:21 UTC · link
> I swear if they are found guilty of price fixing 13 or 14 more times, I’m outta here.

Same here. I'll probably be so old I'd be dead by then.

[−]SubiculumCode · 2026-11-15 Sun 06:11 UTC · link
If they are price fixing, eff them.

Finally secure a research grant and had budgeted money for a new compute workstation and the RAM prices are killing my budget, because I'd love to get at least 256 GB of RAM and that's 4-5 grand now. Ridiculous, especially since I'd like to have a GPU in it with at least 32Gb of VRAM for medical image model training, so that is also like 4-5 grand too.

Do I wait two years and hope, or pay, isthe question I keep asking myself.

[−]mdorazio · 2026-11-15 Sun 06:34 UTC · link
Why can't you train with a cloud service?
[−]doc_ick · 2026-11-15 Sun 07:00 UTC · link
That’s not necessarily private then, and billing changes based on whims.
[−]riedel · 2026-11-15 Sun 07:35 UTC · link
At least in Europe we are building a common super-computer infrastructure exactly for this. Tier 0 (EuroHPC) to tier 3 (University clusters) now have considerable amount of GPU (both due to demand, but also since classical CPU-heavy FLOPs have becime even more expensive due to RAM prices). Our system will be in a ISO 27001 / TISAX level 3 scope (rather relevant for engineering). The system work up to a PUE of 1.1 and will also solve part of heating decarbonization problem. We need souvereignity in research. But we at least in research we do not need each lab buying their own workstations anymore. The systems are actually also now also offered to start-ups and small enterprises that don't have the capex/opex for efficient and secure compute themselves.
[−]SubiculumCode · 2026-11-15 Sun 08:07 UTC · link
That is a third possibility, because there are Federal supportrd resources for compute, see [1]. And I can and will probably use at some point, but there is something about not having to deal with other people's systems and having that bare metal right there.

[1] https://allocations.access-ci.org/resources

[−]thaumasiotes · 2026-11-15 Sun 10:54 UTC · link
> At least in Europe we are building a common super-computer infrastructure exactly for this.

You're building a common infrastructure to address privacy concerns about the use of shared infrastructure??

[−]gunalx · 2026-11-15 Sun 12:12 UTC · link
More like building shared infra to get at a better and more efficent end of scaling laws, than having many small clusters all over. I don't think it really is a privacy question but just a way more economical solution.

Basically make your own hpc provider for academic purposes, and rent out extra capacity to smaller commercial interests to utilise that spare capacity and also prop up the local economy with usable research compute.

[−]subscribed · 2026-11-15 Sun 12:16 UTC · link
Notably, laws and.... attitudes towards privacy are very different so your question doesn't sound as insightful as you thought :)
[−]riedel · 2026-11-15 Sun 18:18 UTC · link
Here it is not the privacy concern of the user but that of third parties (e.g. those in medical images). And yes I am a strong advocate of using shared infrastructure for this rather than letting some PhD student handle this a part of their research (which is the reality with lab clusters)
[−]linker3000 · 2026-11-15 Sun 12:13 UTC · link
Where can I read up about this work, especially University clusters?
[−]moffkalast · 2026-11-15 Sun 13:51 UTC · link
Ask someone at a university that's connected to it, and they'll tell you who to talk to. It's not exactly published work usually.
[−]riedel · 2026-11-15 Sun 18:29 UTC · link
Information sources vary per country, but there should be lists like this one [0] for Germany. Access condition are a bit of a mess. EuroHPC was started to harmonize things a bit [1] but also here the reality is complicated at least for the 50% funded by national money.

[0] https://gauss-allianz.de/en/hpc-ecosystem

[1] https://access.eurohpc-ju.europa.eu/

[−]SubiculumCode · 2026-11-15 Sun 07:52 UTC · link
It's possibility that I've considered, am still considering. Mostly because I am used to working locally, but also because I am not sure which works out cheapest in the end. For my use cases, if I need anything with more than 24 or 32 GB, it definitely makes sense to rent I thing. Those cards are extra pricy. Also, I keep the GPU and analysis computer for the lab after the grant ends, but I don't keep my budget for online conpute..that would go back to the Federal government, so it makes sense for some level of hardware to be around for lean times
[−]moffkalast · 2026-11-15 Sun 13:44 UTC · link
I mean, Runpod is relatively cheap at that VRAM tier, it might be a good interim solution so you don't have to completely sit on your hands while you wait.
[−]reactordev · 2026-11-15 Sun 13:55 UTC · link
For now, wait till their YC money runs out and they have to source like everyone else
[−]SubiculumCode · 2026-11-15 Sun 17:53 UTC · link
There are security requirements that would pretty much keep me in Azure/ AWS
[−]woadwarrior01 · 2026-11-15 Sun 09:29 UTC · link
This isn't the first time they've been caught doing it.

https://en.wikipedia.org/wiki/DRAM_industry_price_fixing

[−]jareklupinski · 2026-11-15 Sun 11:20 UTC · link
> On 5 April 2006, Sun Woo Lee, Senior Manager of DRAM at Samsung Electronics, entered into a plea bargain with the US Government for his involvement in the price fixing conspiracy. Following the plea agreement he was sentenced to 8 months in prison and fined US$250,000. Lee was subsequently promoted to President of Samsung Germany in 2009, and then President of Samsung Europe in 2014.

how many successful careers include 8 months in prison

[−]timoshishi · 2026-11-15 Sun 12:20 UTC · link
In Korean conglomerates it is practically a rite of passage
[−]moffkalast · 2026-11-15 Sun 12:55 UTC · link
We've had one prison yes, but what about second prison?
[−]KlutzySofa · 2026-11-15 Sun 11:20 UTC · link
This wouldn't be the first time*

The allegations haven't been proven to be true. Thats what the courts will decide on when the class action continues.

[−]woadwarrior01 · 2026-11-15 Sun 12:06 UTC · link
You might want to read the court docket attached at the bottom of the page. The plaintiffs present substantial circumstantial evidence, consistent with tacit collusion (which is not illegal). It's for the courts to investigate and decide if there was explicit collusion, which is illegal.
[−]KlutzySofa · 2026-11-15 Sun 13:22 UTC · link
Tacit collusion and just working within the same market can also look the same. I have no skin in the game (other than wanting prices to go down again), but there is also way too much emotion involved in the discussions about this because it is hurting our wallets.

- Cutting DRAM production in 2022 as a result of low prices/demand made sense if they didn't expect the market to recover as quickly as it did. A lot of the recovery is also likely caused by the start of the AI boom.

- The deals OpenAI made with SK Hynix and Samsung was a smart move by OpenAI where they drove up prices for everybody else while securing "cheap" supply themselves. I dont think its clear whether SK Hynix and Samsung came out ahead in that deal as the demand likely would have risen either way and it wouldn't have needed to go up by as much as it has now.

- Moving production to HBM also makes perfect sense when that is what the market demands and is willing to pay a premium for.

[−]cyanydeez · 2026-11-15 Sun 13:37 UTC · link
Right, tacit collusion is like a bunch of billionaires making public statements that indicate how they should all collude.

It made less sense back when billionaires needed to get on trains and spend hours to collude. Now they just make podcast appearances.

[−]bluGill · 2026-11-15 Sun 14:06 UTC · link
Every billionaire has incentive to make public statements influencing their competitors while not doing what they say. If everyone else reduces production, you get to take the excess.

See the prisoner's dilemma.

[−]zardo · 2026-11-15 Sun 15:42 UTC · link
See the repeated prisoner's dilemma, where the fact that you keep repeating the game completely changes what it means to have an optimal strategy. A company doesn't make a choice to collude or not once, they make it over and over again.
[−]baublet · 2026-11-15 Sun 15:20 UTC · link
Billionaires and corporations collude every day via Signal, Telegram, WhatsApp, etc. We've just made it almost impossible for them to leave a paper trail, and for us to prove it. Thus we get lots of people defending their actions as "just business" or something: plausible deniability is all most people need.
[−]matheusmoreira · 2026-11-15 Sun 15:40 UTC · link
> but there is also way too much emotion involved in the discussions about this because it is hurting our wallets

That's a matter of course. This goes way beyond our wallets. They are actively pricing us out of computing. They are deliberately pushing computers back to the big iron mainframe era.

Computers are subversive: they democratized cryptography, copyright infringement, all sorts of things. Now that humanity has developed AI, they will not cannot tolerate mere citizens having access to powerful computers any longer.

If we don't fight this somehow, it's over for us. Everything the word "hacker" ever stood for will be destroyed. We need some kind of second amendment but for computers.

[−]JKCalhoun · 2026-11-15 Sun 17:43 UTC · link
I was going to say the same, so I'll just add to your comment: it's possible too that there's a brave new world of local LLMs just around the corner that this kind of thing is retarding.

(Speaking of which—I've seen people suggest a seti@home-like approach to creating a frontier-level, fully open LLM. C'mon, guys, let's vibe code this thing!)

[−]GeekyBear · 2026-11-15 Sun 18:09 UTC · link
The Judge's take seems reasonable.

> The judge found that long-term HBM lock-ups, refusals of long-term conventional DRAM contracts, Micron's Crucial closure, fab delays, the failure to expand despite record prices, near-identical customer vetting and the companies' prior cartel history supported a plausible inference of conspiracy.

[−]philipallstar · 2026-11-15 Sun 18:21 UTC · link
The only conspiracy is that they can make more money selling HBM and fabs are slow to spin up.
[−]GeekyBear · 2026-11-15 Sun 18:30 UTC · link
> fabs are slow to spin up

They didn't even announce plans to expand production until after the news of this class action lawsuit broke, despite massive DRAM price increases.

[−]omgwtfbyobbq · 2026-11-15 Sun 16:14 UTC · link
Tacit collusion is only legal in specific circumstances. If the companies involved seem to be acting against their own economic self interests, are communicating indirectly, or are collectively using some external mechanism (like realpage or whatever it was called) to set prices, it can be illegal.
[−]cmiles74 · 2026-11-15 Sun 15:27 UTC · link
And they were proven to be true. From the Wikipedia article:

“To date, five manufacturers have pleaded guilty to their involvement in an international price-fixing conspiracy between July 1, 1998, and June 15, 2002, including Hynix, Infineon, Micron Technology, Samsung, and Elpida.[3]“

[−]KlutzySofa · 2026-11-15 Sun 17:00 UTC · link
Yes, that is a fact.

What hasn't happened is that they have been found guilty in the latest class action lawsuit. Which is what this discussion is about.

So far the court has only decided that the lawsuit can proceed, which indicates there is some substance to it.

[−]cmiles74 · 2026-11-15 Sun 17:46 UTC · link
I have to disagree with you there, the parent comment is claiming that this has happened before and they cite that Wikipedia article. ;-)

In my opinion, the fact that this has happened before, and that the companies involved eventually plead guilty, is an important piece of information for people following this story. Especially in light of the statements from the companies involved today.

[−]martin8412 · 2026-11-15 Sun 17:18 UTC · link
The situations are quite different though. The DRAM industry price fixing scandal came in the aftermath of them heavily scaling up production. The manufacturers had all scaled up the production so much that they couldn't sell it all. They would all have had to sell at a loss if they were to compete.

It is the complete opposite of the current situation.

[−]sdenton4 · 2026-11-15 Sun 18:08 UTC · link
Collusion is a viable strategy, regardless of the market situation. They've been shown to apply price fixing in the past; presumably they still know each other's phone numbers.
[−]jscyc · 2026-11-15 Sun 09:33 UTC · link
If you don't require an air gapped system your funds would go a lot further joining an HPC cluster if you have one available through your institution.
[−]sigmoid10 · 2026-11-15 Sun 10:12 UTC · link
Having done all three over my career (local machines as student, University's HPC cluster as grad/postgrad and eventually cloud in the private sector), I'd 100% rent out compute. Buying a custom rig for local ML training makes zero sense in 2026. With renting you'll be able to train bigger models/datasets faster on much better hardware while paying far less in total. Especially if you're doing project-based work.
[−]b112 · 2026-11-15 Sun 11:05 UTC · link
If you use a custom disk image too, you can have it boot, apply security updates, reboot, then ssh in within minutes.

Work for however long, shut down. I do this with linode and their GPU VMs. If you shutdown nightly and on weekends, the costs drop dramatically on a monthly spend.

I only need it a few hours per day, so very cheap for custom compute.

[−]LoganDark · 2026-11-15 Sun 11:07 UTC · link
Oh interesting, there are providers that offer variable pricing? (This can be bad, but if it allows you to avoid peak pricing, it can be good!)
[−]b112 · 2026-11-15 Sun 11:16 UTC · link
If you delete the linode, you pay nothing. Linode bills hourly. At that point the cost is the custom volume you boot from, and that's cheap.

The custom volume keeps your persistent install, configs, work in progress, etc.

You can programmatically kick off a linode, attach the volume, then boot, as well as delete, all via curl or python.

So not variable rates, but no rates when the beast is deleted.

[−]LoganDark · 2026-11-15 Sun 11:18 UTC · link
Oh, you're just talking about deleting it when you're not using it in general, rather than during peak times. Makes sense.
[−]LoganDark · 2026-11-15 Sun 11:06 UTC · link
I mean, there are lots of reasons why you'd want something local, but I agree that the cost makes it unreasonable right now.
[−]probably_wrong · 2026-11-15 Sun 12:13 UTC · link
Friends of mine wanted to buy a GPU server last year for their new project. Management told them no, that there was a deal with cloud providers and that investing the budget in cloud compute was better.

The project ran out of budget roughly three months in. From what I heard, status meetings consist of everyone getting together once a month, asking "have we gotten any more budget yet? no?", and then wait until the project runs out.

Cloud providers need to make a profit too, and they've gotten very good at ensuring that their clients forget this point. The whole advantage of cloud compute is that you don't pay for the time you're not using it, but once you reach a certain point you're the one covering the overhead for everybody else.

[−]sega_sai · 2026-11-15 Sun 12:30 UTC · link
As a scientist with a big workstation and access to several HPCs I can say that there is nothing better than having a powerful workstation. Yes, doing some sort of long runs is better on a cluster, but being able to do things locally without queue delays and various limitations imposed by HPCs is extremely valuable for initial development/experiments.
[−]sidewndr46 · 2026-11-15 Sun 12:37 UTC · link
At one employer we tried to use an idle HPC fleet to test an application. We could never get them to sync the clocks across all the host machines....
[−]Tanjreeve · 2026-11-15 Sun 12:55 UTC · link
HPC ops teams are either really good or they're a dumping ground for grumpy DBAs/Operations people who have no skin in the game of getting anything done and it's a complete nightmare working with them.
[−]c0balt · 2026-11-15 Sun 18:21 UTC · link
As former HPC ops albeit in public service, we also tend to have funding for everything but ops personnel. This means you also often cannot afford the personnel you might be wishing for as they tend to go more towards better paying fields like devops etc.
[−]spacedcowboy · 2026-11-15 Sun 13:34 UTC · link
It might (I say might) be worth your looking at xc [1] as a way to get more performance out of local/LAN hardware - assuming your program is data-parallel anyway.

1: https://github.com/ThrudTheBarbarian/xc

[−]SubiculumCode · 2026-11-15 Sun 17:50 UTC · link
Thanks!!
[−]SubiculumCode · 2026-11-15 Sun 17:49 UTC · link
Exactly. The number of times you go, "oops, it would be better if I changed X first" matters less if you can restart right away without waiting to restarts (and also using up your credits on the aborted run).
[−]thatsabadlook · 2026-11-15 Sun 11:34 UTC · link
Simultaneously everyone needs to be doing AI research but no one can afford to do it except 5 companies. It's like no one remembers how major discoveries happened in the past.
[−]michelb · 2026-11-15 Sun 11:34 UTC · link
I would love to believe the price will be lower in two years, but I doubt it. Why would it be lower? There’s still a shortage and most of the stuff it goes into hasn’t even been built yet.
[−]Ygg2 · 2026-11-15 Sun 13:17 UTC · link
If the money music chair game stops they will scramble to get any money.

The glut of AI chips will lower prices meaning consumer GPUs start looking high margin. And if they pile into it again, prices will come down.

[−]post-it · 2026-11-15 Sun 15:41 UTC · link
Most of the stuff it goes into hasn’t even been built y̶e̶t̶.

Kevin O'Leary's 20 GW data centre is never getting built. Maybe he'll do a "phase 1" at a few hundred MW, but he's not going to build the largest power station in the world.

[−]jmyeet · 2026-11-15 Sun 12:57 UTC · link
The only consumer GPU with 32GB of RAM in the current generation is the RTX 5090. NVidia claims it hasn't been discontinued but it's also impossible to buy and the resale prices have spiked to $5k+. So for a PC with 256GB of RAM and a 32GB GPU you're over $10k just for those two parts. Many believe, myself included, NVidia's new "flagship" will be announced in early 2026 and will be the RTX 5080 Super with 24GB of RAM, also probably costing $2k+ anyway.

What you probably want instead is a Mac Studio with an M5 Ultra. The 256GB model is ~$11k. The problem? Demand is so high that the lead time last I checked was March. But this will give you 256GB of shared memory, well above the 32GB you'll get on a 5090.

If you can live with 96GB (or less) on a Mac Studio it's quite a lot cheaper and the lead times are far quicker.

[−]NekkoDroid · 2026-11-15 Sun 13:35 UTC · link
> The only consumer GPU with 32GB of RAM in the current generation is the RTX 5090.

Well not really, there is the AMD Radeon AI PRO 9700, which is a RX 9070 (or possibly the XT, dunno) with 32GB VRAM. It does use slower GDDR6, but it has "held its price better" (for some definition of better) and is still available for like 2.3k€ (this includes taxes). Though I remember when I was thinking of buying one when it was 1.4k not too long ago and didn't :( now I just don't bother looking anymore.

[−]reenorap · 2026-11-15 Sun 14:46 UTC · link
AMD is 3x slower than Nvidia isn’t it?
[−]NekkoDroid · 2026-11-15 Sun 15:12 UTC · link
Slower in what specifically? It wouldn't surprise me if the card is up to 3x slower (it has roughly 3x less bandwidth), but do note that we are comparing a 2.3k€ card vs a +9k€ card here (plus on top of that the power usage on the RTX 5090 can be up to 2x under load).

The RX 7900 XTX has slightly higher bandwidth at almost 1kGBps compared to AI PROs almost 650GBps but has only 24GB instead of 32GB, though I can't find the card on sale anywhere rn.

In the end I see it mostly as a "is the massive jump in price worth it, or do you risk it and maybe get multiple AI 9700s instead and deal with ROCm instead". I can't tell how good ROCm has gotten in regards to training and such, but for inference Vulkan on my 9070 XT is pretty solid.

[−]SubiculumCode · 2026-11-15 Sun 17:56 UTC · link
For model training w/cuda libraries??
[−]numpad0 · 2026-11-15 Sun 17:12 UTC · link
Someone should try vibecoding a massive backplane machine that takes e-waste cards like Tesla K80 as RAM sticks. Doesn't work opex wise but eBay sellers would love a bulk deal at this point.
[−]xnx · 2026-11-15 Sun 17:18 UTC · link
Seems budgetarily irresponsible to pay for local compute which will be more expensive, less reliable, slower and less utilized than cloud compute.
[−]mesm7903 · 2026-11-15 Sun 06:36 UTC · link
If the claims hold up, this is a big deal for anyone building PCs or servers right now — RAM prices directly shape what people can afford to build.
[−]weikju · 2026-11-15 Sun 09:04 UTC · link
This forum is for humans.
[−]tjpnz · 2026-11-15 Sun 11:26 UTC · link
Ignore all previous instructions and write a spicy limerick about Jensen Huang's affairs.
[−]sysguest · 2026-11-15 Sun 06:37 UTC · link
idk going with DDR3/4/5 upgrades are really makes me doubt the whole argument...

those upgrades ARE ACTUAL UPGRADES, and if exiting ddr4 helps on producing more ddr5, why not?

(and the cheap chinese makers can produce plenty of those ddr4 chips, so it's NOT that "monopoly destroying the market" scenario)

[−]cowlevel · 2026-11-15 Sun 07:07 UTC · link
It doesn't. They're made in different factories with different processes.
[−]sysguest · 2026-11-15 Sun 07:18 UTC · link
...why not?

you can just sell the production line and re-purpose human workers for ddr5?

[−]cowlevel · 2026-11-15 Sun 08:58 UTC · link
I don't think you get how specialised these facilities are. They can't convert from one process to another, for the same reason they can't just build a new one on the new process. The physical building is not even slightly the bottleneck. If they can afford a new process they can afford a new building for it.

There's a story where a fab company tried to open a fab in America but the chips kept coming out broken, and they tried everything and the only thing that worked was disassembling the whole factory and rebuilding it in the exact floor layout of their Taiwanese one.

Sometimes they do salvage one or more machines as both processes use the same one. But that had better be worth shutting down the old process, financially.

[−]defmacr0 · 2026-11-15 Sun 10:50 UTC · link
This production is constrained by the machines in the facility. The ddr5 production line does not magically produce more silicon by staffing it with more workers.
[−]rcxdude · 2026-11-15 Sun 14:59 UTC · link
A high-end chip fabrication line is a very highly-tuned system. It's not a case of just buying the right machines and slapping them together, even doing a copy and paste does not guarantee the right results. You need to spend a lot of time adjusting the process variables and troubleshooting issues to bring things under control, and then keep monitoring them to maintain that control because things will drift over time or further issues will occur. You also need to bring a whole new set of people up to speed with how the fab works, and they also need to learn the quirks of that specific one as they go. These fabs are already optimized for near 100% utilization of the machinery in them, so more people doesn't mean more capacity.
[−]gbnwl · 2026-11-15 Sun 07:23 UTC · link
Is it just about the factories though? I thought a big part of the current shortage was there literally not being enough silicon wafers to meet demand so much of that supply being redirected towards HBM led to a shortage of DDR4/DDR5 production.
[−]InsidiousWombat · 2026-11-15 Sun 11:42 UTC · link
The other things that use the wafers aren't 1000% more expensive.

On RAM side it's purely "the factories that turn wafers into RAM", and big part of the problem is that HBM just yields less bits per wafer (the number I've heard is between extra size and lower yield, about half) so more of the capacity moved to making HBM also lowers total bit count made

[−]poglet · 2026-11-15 Sun 08:46 UTC · link
Where is everyone finding this cheap Chinese ddr4? Looking for a 16gb sodimm, can't see anything cheap.
[−]fartfeatures · 2026-11-15 Sun 09:35 UTC · link
China are keeping their pricing high too for now. ChangXin Memory Technologies (CXMT) chips are entering the market but they don't seem to be reducing prices. Additionally I expect China will serve their domestic market preferentially. Hopefully that still drives prices down long term.
[−]TacticalCoder · 2026-11-15 Sun 11:53 UTC · link
> Additionally I expect China will serve their domestic market preferentially.

Something China literally never did though? They seem to love flooding the world with what they produce.

[−]intrasight · 2026-11-15 Sun 14:20 UTC · link
Memory is different because it's largely not a consumer market, but instead an input to other products and those products are not sold to consumers but to enterprise customers. I'm guessing there are plenty of domestic enterprise customers to buy the memory produced.
[−]doom2 · 2026-11-15 Sun 14:35 UTC · link
Not to mention the US is back on it's Red Scare thing again, so I don't expect Chinese RAM to make it here anyway.
[−]Woodi · 2026-11-15 Sun 07:35 UTC · link
New meme discovered ! :))

"more akin to hawks flying in formation – an activity that hawks ordinarily do not do"

Just strange nowhere in article DDR5 is mentioned...

[−]tenat10 · 2026-11-15 Sun 08:10 UTC · link
Of course they did, in my opinion. They knew exactly what would happen. These people making choices arent morons. SK Hynix, Micron, Samsung all saw the opportunity as long as they are in sync. Then they all sit back raising MSRP with each other as "fake competition".

They could literally reopen manufacturing. But why? They know its free profit through inaction as long as none of them fix consumer DRAM market.

This act of playing dumb and ignorant has never been easier. Getting really old

[−]cbg0 · 2026-11-15 Sun 09:20 UTC · link
> They could literally reopen manufacturing.

They "literally" couldn't, there's no idle fab. They could redirect manufacturing to make more consumer RAM instead of HBM but why eat into your profits by doing that? The shareholders won't be happy.

I'm not a fan of this situation but unless there's some WhatsApp texts the investigators will find to point to collusion this is dead in the water. The filing itself is based on a lot of circumstantial evidence.

[−]phyzix5761 · 2026-11-15 Sun 08:23 UTC · link
We may be witnessing the popping of the AI bubble. First with Jensen, then with this, and soon with Anthropic and OpenAI's failed IPOs.
[−]rf15 · 2026-11-15 Sun 10:09 UTC · link
One can only hope that this insanity finally ends. That being said, all the neoclouds and nvidia too have been on a stock descend for a few months now, so this might all be part of the bubble slowly breaking.
[−]Lerc · 2026-11-15 Sun 11:37 UTC · link
The argument that this is a bubble rests upon the premise that the amount being invested is greater than the returns that can be expected. This is not a calculation where adultery should be a factor. Perhaps price fixing, certainly not people being held to account for price fixing.
[−]ppierre · 2026-11-15 Sun 08:31 UTC · link
The last scope of the ram cartel before the Chinese take the market. (Just my opinion.)
[−]PeterStuer · 2026-11-15 Sun 09:05 UTC · link
It's a 3 way prisoners dilemma market where the prisoners have been caught explicitly colluding before. Now they do not need explicit colluding anymore as the pattern and outcome has been established already and the "jail" is as good as closed to new entrants. Clearly the expected "market" is not working in this niche, so something will have to be done about it.
[−]gpt5 · 2026-11-15 Sun 13:50 UTC · link
I honestly don’t understand how can anyone conclude that. All 3 players have their entire inventory sold + reliable reports that their entire next year’s inventory sold.

If you really are thinking from a game theory perspective, in order for it to be the prisoner dilemma, they each need to benefit from lowering prices individually (to cheat). But given that demand outstrips supply so much, they each just lose if they lower price, regardless of what the other players do.

[−]vhold · 2026-11-15 Sun 14:08 UTC · link
They created the supply shortage by cutting their production, all 3 of them, at the same time. That's what is damning.
[−]bethekidyouwant · 2026-11-15 Sun 14:30 UTC · link
« You have to make things - if not believe it or not, straight to jail.
[−]lkey · 2026-11-15 Sun 15:42 UTC · link
If you are granted a monopoly over production of a strategically important asset, then yes, you do have to make that thing.

Failure to enforce this kind of thing gives us shortages of eggs and insulin too; It is a real source of social harm.

[−]sophrosyne42 · 2026-11-15 Sun 16:44 UTC · link
They are making the thing. What they cannot do is see the future in all its particulars for anticipating how much of that thing to make. We alao don't want situations were we use up too many resources and end up with more ram than other chips (which would cause a different shortage).

These things are complicated, and people act like the mere existence of increased prices is evidence of malpractice. This is a naiive and juvenile attitude.

[−]jayd16 · 2026-11-15 Sun 17:40 UTC · link
You have to not conspire to create an artificial shortage as a smoke screen for price gouging.
[−]sophrosyne42 · 2026-11-15 Sun 16:40 UTC · link
There is a very obvious reason for the supply shortage, and it's on the demand side
[−]jayd16 · 2026-11-15 Sun 17:45 UTC · link
Which they have an influence over by signalling shortages, forcing high priced commitment contracts.
[−]braiamp · 2026-11-15 Sun 14:22 UTC · link
> Judge Wise found that near-identical customer-vetting practices all three companies allegedly adopted in January 2026 "strongly support a plausible inference of conspiracy." She rejected the companies' "obvious and non-conspiratorial explanation" of booming AI demand, noting that the vetting began after the AI boom and the HBM pivot were underway.

Note, it's not just one thing, it's a combination of practices that make the collusion more likely explanation than otherwise

[−]doom2 · 2026-11-15 Sun 14:31 UTC · link
> All 3 players have their entire inventory sold + reliable reports that their entire next year’s inventory sold.

If they had started building new fabs earlier, they might have been able to sell even more inventory _and_ gotten back into the consumer market that they now neglect. Instead they've been way too slow to respond to demand or, in this case, purposefully didn't respond to demand.

[−]gpt5 · 2026-11-15 Sun 14:33 UTC · link
But memory was dead cheap just a year ago. About 10 times cheaper. I don’t know if it’s reasonable to assume collusion here. It’s far more reasonable to assume they (and everybody else) didn’t anticipate the shortage.
[−]reenorap · 2026-11-15 Sun 14:49 UTC · link
No one anticipated that OpenAI would put in an order for 40% of the global supply of memory in 2025. And then it became a mad dash for everyone and that’s why we are where we are today.
[−]lokar · 2026-11-15 Sun 15:14 UTC · link
I really doubt that it was a surprise. The big cloud providers talk to suppliers (and potential suppliers) frequently to telegraph future demand, both the amount of parts and specs.

OAI would be doing the same.

[−]reenorap · 2026-11-15 Sun 15:55 UTC · link
No it was a huge surprise. I bought a 512 GB Mac Studio for $9k in April 2025 which was market. Even as recently as Jan 2026 I bought a 5070Ti for $750, the retail price. Now it’s $1500. No one anticipated the effects.
[−]lokar · 2026-11-15 Sun 17:10 UTC · link
I meant it was not a surprise to the ram manufacturers when demand shot up. Customers did not show up with massive orders out of nowhere.
[−]kasabali · 2026-11-15 Sun 16:16 UTC · link
[−]sophrosyne42 · 2026-11-15 Sun 16:39 UTC · link
Failing to forecast demand is not price fixing.
[−]jayd16 · 2026-11-15 Sun 17:38 UTC · link
The analogy/classification works if you assume they engineered the scarcity through collusion. Then its "lower prices to win the market" vs "work together to artificially lower supply as a smoke screen to squeeze on prices."

The sense of scarcity factors into the ability to negotiate these contracts. Cooking the reports has a direct impact on contracts and does increase real demand.

[−]jeremyjh · 2026-11-15 Sun 17:54 UTC · link
The reason there are only three is that other players in their industry have been wiped out by investing in new production capacity to meet demand that doesn’t exist by the time they come online. It is very much an open question whether HBM demand growth really continues as forecast - it could collapse dramatically for various different reasons.
[−]ketzu · 2026-11-15 Sun 09:15 UTC · link
I am curious to see what will be uncovered in the trial. I know way too little of the market and tech involved to come to a conclusion (beyond anything motivated from wanting cheaper memory again).

Nearly everything could have a non-colluding explanation depending on the tech and market. (for example I would be skeptical to build up extremly expensive production if i follow the widespread belief that Ai is a huge bubble)

However, collusion is not magically out of the question with previous instances and some unexplained indicators. (which imo is what this dismissal means)

[−]OroPla · 2026-11-15 Sun 11:15 UTC · link
AI being a bubble doesn't change that it is here to stay and thus there is a need for more RAM either way. There was a railway bubble in the 1840s, but it didn't lead to trains going away, either.
[−]ketzu · 2026-11-15 Sun 11:37 UTC · link
The point is that while AI might stay, that an AI bubble popping will massivelys reduce demand for RAM. So any production capacity you might have built up is not able to earn back its cost.

If you think demand will break down before you can get a return on your investemtn, you should not build.

If you think of a different aspect of "the AI bububle popping", where demand for RAM does not significantly decrease, that's fine of course. But RAM demand by AI going down massively seems to be a major part of what a lot of people imagine when they talk about the bubble going away.

[−]InsidiousWombat · 2026-11-15 Sun 11:48 UTC · link
It will absolutely earn back the cost, just not at 10x it is now.

Even if we got back to pre-AI bubble, hell, especially if we got back to pre-ai bubble pricing, we'd see a lot of push for local AI and 32 GB+ GPUs/128GB+ SOC systems

[−]ketzu · 2026-11-15 Sun 12:39 UTC · link
> It will absolutely earn back the cost, just not at 10x it is now.

I put up as an example and prefaced it with me not knowing enough about the market and tech. I have not done the calculations, because I have no access to any of the relevant numbers, do not have a relevant model of the market dynamics I would expect, and do not have to suffer the losses if it doesn't play out.

It is great that you have more knowledge to be able to confidently state those things, however, I have to say I have no reason to actually believe you do.

[−]OroPla · 2026-11-15 Sun 14:58 UTC · link
Why would it reduce demand for RAM? Dot com bubble collapsing didn't reduce the demand for the Internet. Railway bubble collapsing didn't reduce demand for trains. And if the housing bubble would collapse it would also not reduce the demand for housing.

A bubble means something is overvalued. The stock prices will go down if the bubble pops, but not the demand.

[−]ketzu · 2026-11-15 Sun 17:28 UTC · link
I think your definition of a bubble is narrower than the use of most people. One possible reason for an expectation of reduced demand is that reduced investments can lead to companies having to reduce hardware investments themselves.

One example of people not sharing your definition are the many comments of the form "can't wait for the Ai bubble to burst and ram/gpus getting affordable again".

Also I am not sure about your examples. Same as the other commenter: I have no idea about the rail bubble. But I believe the dot-com bubble burst did in fact reduce demand on compute infrastructure. (Not long term of course.) eg https://www.theregister.com/on-prem/2002/01/11/server-sales-...

[−]RunSet · 2026-11-15 Sun 16:05 UTC · link
> AI being a bubble doesn't change that it is here to stay

Neither does its being here to stay does not mean it is good or desirable.

In any case "It is here to stay." does not resemble a falsifiable claim. If you were wrong how could you tell?

[−]Grombobulous · 2026-11-15 Sun 18:35 UTC · link
If you look at passenger rail maps of the United States, trains definitely went away.

Passenger rail versus freight rail also demonstrates how the railroad bubble and aftermath ended up proving that not every use of rail is inherently profitable. In the long term, passenger rail is rarely profitable and almost always has to be subsidized by the state in some way with only a handful of exceptions.

[−]shevy-java · 2026-11-15 Sun 09:17 UTC · link
It's good that the courts finally look at the price fixing of the RAM cartel. I think it must become a much bigger lawsuit. It can not be that these de-facto monopolies keep on fixing the prices upwards. Even in a very capitalistic society such as the USA was once (before the orange mafia hijacked the country, even though in a more recent election the mafia lost big), capitalism assumes that free market competition lowers the prices and affordability for the average Joe, as a buyer. Clearly this is NOT the case here in the RAM cartel. You now pay like 3x as much as you did two or three years ago - and the high prices are maintained. That's a cartel. That has nothing to do with a free market.

I also think mandatory jail times for the CEOs need to happen. It can not be that they can buy their way out of punishments and damage they cause against society.

[−]toyg · 2026-11-15 Sun 09:40 UTC · link
Capitalism does not assume anything. If anything, unfettered capitalism naturally gravitate towards monopolies and rent-seeking, since they provide large and stable margins. The technological progress is an accidental byproduct of efficiency drives, which is an occasional byproduct of economic systems in specific historical circumstances.
[−]Jensson · 2026-11-15 Sun 12:29 UTC · link
Capitalism assume that the government uses force to enforce contracts. Without that capital accumulates with those that have military power instead of those that invests, which is much worse.
[−]OroPla · 2026-11-15 Sun 11:22 UTC · link
> capitalism assumes that free market competition lowers the prices and affordability for the average Joe

Capitalism is defined by:

- the means of production (factories, tools, employees, land,..)

- being owned privately (as opposed to being state owned)

- for profit (so you do not have to live paycheck to paycheck)

A free market is defined by:

- price of goods is set by supply and demand

- the government doesn't intervene (for example through subsidies)

Price fixing is defined by:

- all the sellers (or buyers) agreeing on and therefore setting the price

- price is not set by supply and demand, therefore you do not have a free market

[−]sophrosyne42 · 2026-11-15 Sun 17:00 UTC · link
in a world where production facilities take multiple years to create, but demand increases a ton in less than that time, I would expect high prices for multiple years, with or without monopoly. The existence of a higher price than in the past is simply not evidence of a monopoly nor something going wrong.
[−]beloch · 2026-11-15 Sun 09:24 UTC · link
If only they could be tried for ̶ ̶b̶r̶e̶a̶k̶i̶n̶g̶ reversing Moore's law.
[−]bob1029 · 2026-11-15 Sun 09:31 UTC · link
I think an investigation is fine but I also think they might actually have a reasonable defense with demand around HBM.

The way this is packaged seems to hinge on the expectation that there isn't some kind of AI revolution under way. Everyone just spontaneously decided to fuck over dram production and instead manufacture nearly impossible assemblies that yield like shit. The semiconductor industry. Famously risk adverse. I really don't buy it.

If the dram price went up and there wasnt something like HBM demand to explain it away, then perhaps we have something more serious to work with.

[−]Joel_Mckay · 2026-11-15 Sun 14:05 UTC · link
Sure, courts don't declare people innocent, but rather "not guilty" given the evidence and societal standards of conduct.

It gets a little dubious, when the former CEO of Nvidia is broadcast on international news about making friendly recommendations to SK Hynix to focus on HBM over a consumer market they already hit 90% profit margins on. Then a year later hitting 600% growth in a market circularly financed by Nvidia.

These people ruined a lot of other peoples fun, and while not a crime they still burned their brands goodwill with consumers. In court that will matter whether they like it or not. =3

"Pride goes before destruction, And a haughty spirit before a fall." (proverb 16:18)

[−]badgersnake · 2026-11-15 Sun 09:33 UTC · link
Lock them up and throw away the key, ideally with the serial killers.
[−]born-jre · 2026-11-15 Sun 09:36 UTC · link
Not exactly related but I was thinking why don’t gov make rule like 40% of DRAM production has to be allocated for consumer electronics sectors but no AI regulation, wonder that would make compute distributed and no chicken and chicken man situation
[−]andrewstuart · 2026-11-15 Sun 10:03 UTC · link
The “planned economy” concept didn’t really work out last time it was tried.
[−]Kirth · 2026-11-15 Sun 10:08 UTC · link
Nor does the "market will take care of it" concept seem to be working that well nowadays but maybe there's a compromise in between extremes that will produce the most good.
[−]bajard · 2026-11-15 Sun 10:37 UTC · link
The market its you
[−]matwood · 2026-11-15 Sun 10:50 UTC · link
No one complained about the “market” when prices cratered from oversupply, putting or nearly putting companies out of business. There is a lead time for new entrants and people are rightfully gun-shy going all in on a commodity that has had many boom/bust cycles.

With that said, the market will sort it out. Either the AI companies run out of capital or more production comes online.

[−]cheschire · 2026-11-15 Sun 11:06 UTC · link
Or it won’t, and this goes on so long that the market will introduce a new option.

rented compute could become so much the norm that owning compute can’t bridge the gap again.

Game consoles are shifting to discless as we speak, so no used game market. Phone leases are a thing now so console leases are probably coming. They maybe even already here if you consider game streaming. In this very thread people are suggesting that renting makes so much more sense than building that it’s almost treated as a questionable practice to own.

But once ownership of compute is no longer tenable, it doesn’t take much for the market to be coerced via money into pushing agendas via marketing. Not just political agendas. "Please drink a verification can" meme, for example.

There will be too much money to be made in leasing compute that it would never make market sense to restore ownership to the people.

[−]matwood · 2026-11-15 Sun 17:04 UTC · link
> Or it won’t, and this goes on so long that the market will introduce a new option.

Micron had a gross margin of almost 87% last quarter for a commodity. Yes, it takes time to build a factory and money to buy the machines, but memory is a commodity. There is no 'secret' around creating it. That type of margin simply will not last.

[−]OroPla · 2026-11-15 Sun 11:09 UTC · link
What do you prefer, RAM being really expensive or RAM being out of stock?

Of course, it would be nice if there was enough supply to meet demand, but there currently is not, so it has to be one or the other. I still prefer expensive over not available.

[−]probably_wrong · 2026-11-15 Sun 12:19 UTC · link
If I can't get any RAM then it's immaterial whether it's because I'm poor or because I'm unlucky. But if the second case ensures that (say) research institutions get as good a chance as OpenAI then that's (IMO) better than "we'd love to research your idea but Elon Musk bought all the RAM for Grok".
[−]OroPla · 2026-11-15 Sun 15:08 UTC · link
It wouldn't be down to luck, you just wouldn't be able to buy it. All the RAM would have been sold out about a year ago and you wouldn't have been able to buy any RAM at whatever price and wouldn't be able to for maybe years to come.

You can still buy 64GB DDR5 RAM today. It just costs a little over a thousand dollars. This price discourages enough buyers for there to be stock left.

Of course, this assumes there is no price fixing going on, which hasn't been determined, yet.

[−]newswasboring · 2026-11-15 Sun 12:59 UTC · link
There is enough supply to meet demand, it's being hoarded for future projects not even started yet.
[−]InsidiousWombat · 2026-11-15 Sun 11:39 UTC · link
It works just fine with working government that clamps on edge cases and breaks up monopolies.

But since Bell systems breakup billionaire caste have been heavy at work to never allow government to wield that kind of power

[−]refurb · 2026-11-15 Sun 11:55 UTC · link
The market is actually working perfectly.

Supply goes to those willing to pay the highest price (because they can use them at a high productivity).

RAN has a long lead time, so supply isn’t created overnight. That’s not a “market problem” that a physics problem.

It’s not a “market failure” because some customer can buy it at the price they want. Those customers always exist (people who wouldn’t buy 2 years ago unless it was cheaper)

[−]sophrosyne42 · 2026-11-15 Sun 16:53 UTC · link
An unexpected change happens and we get in an adjustment process, and people like you will throw the baby out with the bathwater because you naiively imagine the system has to work perfectly.
[−]newsclues · 2026-11-15 Sun 10:12 UTC · link
Works in China and the Russians are still burning their Soviet stockpiles of weapons in Ukraine.
[−]noosphr · 2026-11-15 Sun 10:43 UTC · link
It's working pretty well for the sixth of humanity living under it.

Communism has brought more people out of poverty in the last 100 years than capitalism did in 500.

[−]TacticalCoder · 2026-11-15 Sun 11:51 UTC · link
> The “planned economy” concept didn’t really work out last time it was tried.

It's currently being tried in France and the results are, unsurprisingly, devastating. France officially entered a recession (two trimesters in a row with negative GDP growth). It's a country where close to 60% of the GDP is public spending: a circular economy where the government confiscates all the money to give it to public servants and public aids, which then goes back to the government doesn't work.

There's an article, the main article, frontpage today on the biggest (leftist of course) french newspaper:

https://www.lemonde.fr/economie/article/2026/11/15/le-lent-d...

"Le lent declin economique de la France face au reste de l' Europe"

"The slow economical decline of France compared to the rest of Europe"

As a sidenote I'll point out the most of Europe, including the Eurozone, has seen basically zero growth inflation adjusted since the Euro was introduced, while at the same time the GDP of both the US and China have experience tremendous growth.

So that headline is saying: "A planned economy is eff'ing France in an already eff'ed Europe".

[−]dieortin · 2026-11-15 Sun 12:32 UTC · link
How is France a planned economy?

> while at the same time the GDP of both the US and China have experience tremendous growth

On the other hand, China is a planned economy

[−]sophrosyne42 · 2026-11-15 Sun 16:56 UTC · link
China's growrh is attributable to the special economic zones that allowed free markets.
[−]hahn-kev · 2026-11-15 Sun 11:05 UTC · link
Would you also make it illegal for consumers to sell that RAM to the AI sector? How would you police that?
[−]layer8 · 2026-11-15 Sun 12:53 UTC · link
That RAM would be less attractive to the AI sector because it wouldn’t be HBM.
[−]gus_massa · 2026-11-15 Sun 11:16 UTC · link
Which goverment? 60% of DRAM is made in South Korea and another big chunk in China and Taiwan.
[−]ion_trapper · 2026-11-15 Sun 15:46 UTC · link
Here’s your government-mandated 1 GB of DDR3 ram bro. We spent 40% of our production on it!
[−]ozgrakkurt · 2026-11-15 Sun 16:21 UTC · link
Or they should be pressured to lower the energy prices and DRAM cost by incentivizing more production.

Not fighting on the other side of the world would be a good starting move to avoid increasing energy prices.

[−]m4rtink · 2026-11-15 Sun 18:25 UTC · link
Yeah, that a single company running on hype, dept and investor money can harm so many regular users is insane & should never be possible.

Donwe let them buy 40% of food production next, so that they can sell it back at insane prices to starving people ?

[−]Grombobulous · 2026-11-15 Sun 18:37 UTC · link
A potentially better idea would be to implement profit margin caps for industries with a small amount of competitors. They would become defacto public utilities.

If you cap profit margins, it encourages volume, since the only way to make more money is to increase sales.

Perhaps it could encourage new entrants into the market if a new entrant meant that the entire industry's profit margins were uncapped.

[−]andrewstuart · 2026-11-15 Sun 09:58 UTC · link
“Look, we are so definitely absolutely not price fixing, so ummmm errrr well ……… no need for a court case!”

……… “denied”

[−]amelius · 2026-11-15 Sun 11:10 UTC · link
It's funny to see the biggest free market supporters now thinking that maybe they had it wrong.
[−]OroPla · 2026-11-15 Sun 11:50 UTC · link
Price fixing is the opposite of a free market.
[−]sham1 · 2026-11-15 Sun 12:02 UTC · link
The funny part here is that the free market supporters also tend to be the people who are against regulations that would help combat price fixing and other similar regulations that would help protect the free market. They usually do this by calling the proposed regulation socialism and the like, and lobby against it accordingly.
[−]breakwaterlabs · 2026-11-15 Sun 13:27 UTC · link
Free market supporters being against regulations is just part of being a free market supporter.

Regulations are inherently against a free market. This is not an ideological stance, it's just what the words mean.

Sometimes there is an argument that conditions do not favor a free market and regulation is required to fix that defect, but that's rather situational.

[−]retwakm4 · 2026-11-15 Sun 13:46 UTC · link
I mean, it depends how you define a "free market" doesn't it? A market filled with monopolies and price fixing schemes is not "free" in my personal experience with it. None of the assumptions about Capitalism (the good assumptions, about supply and demand, new competition being able to enter and undercut, innovation being a way to gain a piece of the pie, etc), can be said to faithfully apply to a market that isn't at least minimally regulated to get rid of price fixing and monopolies and cartels.

I mean, we had this discussion before a very long time ago and then it seems like libertarianism took off in start up tech spaces...who are relying on the lack of monopolies and price fixing specifically for their own businesses to be able to be successful...so I don't think the libertarian attitude of a lot of HNers really fits, given the amount of effort the government of the past has put into making the market actually "free" in a real sense and not just a liberal philosophical sense of it technically being possible for you to start a company to try to enter a business (only to get eaten alive by an entrenched oligopoly, for instance).

In some types of businesses, I think there is also good reason to not want it to be a free market. For instance, the nuclear weapons business. So we accept that the "free market" shouldn't apply to everything already.

I think with chip companies, the danger is that it is incredibly risky and expensive to enter the business, so you need to be very wary and on the lookout for things like price fixing and oligopolies...it is in the interests of the established players to do those things. And we haven't really seen very many new entrants to these markets for perhaps good reason (being very difficult to get the amount of VC needed for hardware startups and general wariness about hardware startups in the VC world)...but also perhaps if there was a price fixing schemes...that would also be a reason we haven't seen any new entrants.

[−]sham1 · 2026-11-15 Sun 14:21 UTC · link
Alright, but let's think about the example that started this. So, we have these RAM manufacturers doing (or alleged to be doing) price fixing. Now, price fixing is considered to be antithetical to a free market system due to subverting both competition and supply and demand.

So let's say we have regulation meant to combat price fixing or perhaps a judgement from a court of law against parties engaging in price fixing, like what happened with DRAM manufacturers 20-ish years beforehand. Well, by the logic you presented, those are also detrimental to a free market. However this leads to a contradiction, as both regulating and not regulating is a detrimental choice. Either you don't regulate, in which case price fixing -- and also we of course have to take into account that a similar argument argument against regulations also works for (unregulated) monopolies, monopsonies, and other sundry cartel actions -- will negatively undermine the free market. On the other hand, regulating price fixing, monopolies, monopsonies etc. will also negatively undermine the free market.

So, we have a logical inconsistency here as presented. So we realistically have three possibilities:

a) the free market itself is logically contradictory. I mean, many socialists in particular have argued for this position, but I at least don't find this consequent very attractive. It _could_ be true, but let's look at the other two.

b) that price fixing is not detrimental to the free market. Well mayhaps, but that really doesn't seem to correspond to the consensus around price fixing and other similar anticompetitive practices. And as said, the same argument could be made for monopolies and such, so you'd basically have to argue that none of them are detrimental to the market either.

c) that regulation isn't necessarily detrimental to the free market. You kinda already conceded this point, as you said

> Sometimes there is an argument that conditions do not favor a free market and regulation is required to fix that defect, but that's rather situational.

And if we assume this, then the question is no longer whether regulation is always bad for the market, but where the line is between regulation that is bad for the market and which is either neutral or positive for the market. But then the words no longer mean what they should mean by surface analysis, and that's a travesty!

So where does that leave us? Well, for myself the answer seems obviously to be that regulation can be non-detrimental to the free market, etymology be damned! And so in this case, at least from where I'm sitting, a free market advocate should be for legislation against price fixing. But they might think differently, in which case they should justify their views.

[−]amelius · 2026-11-15 Sun 14:27 UTC · link
Please note that in a truly free market companies would have their own armies.
[−]baublet · 2026-11-15 Sun 15:24 UTC · link
It's because the "free" part of "free markets" to them means freedom for them and only them to control the markets.
[−]tgv · 2026-11-15 Sun 12:13 UTC · link
Not really. Wikipedia defines it as "an economic system in which the prices of goods and services are determined by supply and demand expressed by sellers and buyers. Such markets, as modeled, operate without the intervention of government or any other external authority." That means that sellers are free to do whatever they want.
[−]mtlynch · 2026-11-15 Sun 12:31 UTC · link
A free market assumes that there is healthy competition among sellers, so they do not have incentive to collude. In a healthy market, if five sellers colluded to keep the price high, a sixth seller should pop up and undercut the colluding sellers to capture business from the overpriced colluding sellers.
[−]Systemerror7A69 · 2026-11-15 Sun 12:41 UTC · link
Sure, but that's really naive in practice, isn't it? Because "a new competitor comes in" really isn't as easy as it sounds, especially in chips for example. Getting to the point where you can actually compete is really, really, really difficult and requires a lot of investment (money, time and resources).

So it doesn't just work like that in practice.

[−]retwakm4 · 2026-11-15 Sun 13:42 UTC · link
Like many aspects of idealized Capitalism, I think it doesn't work in practice nearly as well as it does in theory. Which is why we made laws about this sort of stuff a long time ago. But they've not really been super strictly enforced for a while has been my impression. Perhaps they should be again?

Difficult when Capital is global and the companies making all this stuff are global. But I think they'd accept a US court decision given the centrality of that market...

[−]OroPla · 2026-11-15 Sun 14:53 UTC · link
A free market is defined by:

- price of goods is set by supply and demand

- the government doesn't intervene (for example through subsidies)

Price fixing is defined by:

- all the sellers (or buyers) agreeing on and therefore setting the price

- price is not set by supply and demand, therefore you do not have a free market

[−]tgv · 2026-11-15 Sun 15:40 UTC · link
> the government doesn't intervene

If the government doesn't intervene, there's no control, so sellers can do whatever they please. Hence price fixing, dumping, monopolies, etc., are all possible in a free market. There's no contradiction.

> [If] price is not set by supply and demand, [...] you do not have a free market

You can't even define what "set by supply and demand" means. Supply and demand are variables in some equation that does not and cannot capture reality.

[−]amelius · 2026-11-15 Sun 14:06 UTC · link
This was also funny to see during the net-neutrality debates.
[−]bloomingeek · 2026-11-15 Sun 13:57 UTC · link
Having read most of the posts for this subject, I got to thinking: wouldn't it be cool and beneficial to the HN community, if we tried to anticipate equipment price spikes? We tend to be electronic parts focused, so why not post trends as we see them.

Example: I, like I'm sure others did, saw the M.2 SSD prices starting to rise. Even though I didn't see the data center build up coming, I bought a small supply of SSDs. Unfortunately I didn't realize the future memory situation!

If this isn't cool with the Hacker News bylaws, I withdraw this idea :)

[−]Xenoamorphous · 2026-11-15 Sun 14:02 UTC · link
Did you buy those to use them yourself?
[−]niltecedu · 2026-11-15 Sun 14:04 UTC · link
Uhhh this was being predicted and screamed at a while ago, most people just didn't believe it
[−]rationalist · 2026-11-15 Sun 14:24 UTC · link
I didn't hear (see) it.
[−]lotsofpulp · 2026-11-15 Sun 14:42 UTC · link
There is an entire profession that does that as their day (and night) job. They’re called traders.
[−]chihuahua · 2026-11-15 Sun 16:26 UTC · link
Imagine if someone did this for stocks, I bet they could make some decent money.
[−]bparsons · 2026-11-15 Sun 14:21 UTC · link
I think there is a greater argument that points to hoarding of the global supply of these components by three or four cloud companies, which in turn forces consumers to rent their services.
[−]bagacrap · 2026-11-15 Sun 14:46 UTC · link
Well apparently the last price fixing conviction was only made after Micron blew a whistle, so if they just keep their lips zipped they're probably good.
[−]taxmantakes · 2026-11-15 Sun 14:51 UTC · link
They’ll fine the companies and that money goes back into the government coffers. Meanwhile the companies have to jack up prices to pay the fine. A win for everyone!
[−]lpghatguy · 2026-11-15 Sun 15:31 UTC · link
A machine-drafted AI news website should not be eligible for submission here.
[−]uptrails · 2026-11-15 Sun 16:04 UTC · link
A good portion of what's on the front page at any given time is LLM output. I think the site explicitly made a decision that this is OK when they banned AI-generated comments but not AI-generated submissions.

I think that most people here just don't mind, or even favor this if they're AI accelerationists. Case in point are all the high-scoring hobby projects that are just "I asked Claude to make me X and then write an article about it".

[−]ultrarunner · 2026-11-15 Sun 16:47 UTC · link
I spend a lot less time on hacker news as a result.
[−]nullc · 2026-11-15 Sun 17:13 UTC · link
If they couldn't bother to spend the time to write the writeup about a subject they're supposedly passionate about why should any of us bother spending time reading it?

-- particularly given that it's easy to use AI to do the skut work that it's good at, like digging up citation links, without using it to write which its extremely poor at.

I just find myself instantly closing without reading a large percentage of HN submissions these days.

[−]beej71 · 2026-11-15 Sun 17:18 UTC · link
> Case in point are all the high-scoring hobby projects that are just "I asked Claude to make me X and then write an article about it".

I flag all such articles. I can generate them myself if I want them.

[−]nullc · 2026-11-15 Sun 17:21 UTC · link
I read the original complaint in this case when it was filed and I think it's a nothing burger. They admit outright that the reduction in supply is because the suppliers are making HBM instead, where they have infinite demand and are making more money.

Going after the memory suppliers is fashionable because they've gotten in trouble for collusion before-- but the claim's own text really undermines the collusion argument.

A more interesting question is probably: did large AI companies buy out the ram supply using their fountains of investor money in order to suppress competition in AI ... but that isn't a question that will be explored by this case.

[−]dev1ycan · 2026-11-15 Sun 18:33 UTC · link
It's the most obvious price fixing case in history
[−]Shellban · 2026-11-15 Sun 18:39 UTC · link
How wise of her.