You need to realize the the Cartwright Act was modeled after the Federal Sherman Act and the main purpose of both were to protect the public. In this case RMBS sought to make RDRAM the the predominate type of memory, thus creating a monopoly which also would be an anti-trust issue. Federal courts have made rulings that allow conversations between competitors about issues as long as they act on those conversations independently. The actions of MU and Hynix were the result of RMBS trying to force a shoddy technology onto the market and create a monopoly for RMBS. What ever the CA Court decides will be appealed and case law developed under the Sherman Act will apply and not just CA case law. Either way RMBS will be in court for a very long time. They will run out of cash before the final decree is entered.
The law attempts to prevent the artificial raising of prices by restriction of trade or supply. In other words, innocent monopoly, or monopoly achieved solely by merit, is perfectly legal, but acts by a monopolist to artificially preserve his status, or nefarious dealings to create a monopoly, are not.
THE ARTIFICIAL RAISING OF PRICES. Rambus didn't do that. Micron and Hynix did, and they already pled guilty to doing it.
Nice try, but we know who the Cartel is, and we know what a cartel is.
May I also add, We know who will win the case, no matter what anyone says or how they try to scare people into selling out of fear. Be patient my fellow Americans who believe in Fairness and Justice. You will be Rewarded Mightily.
The general anti-trust law for the state of California is the Cartwright Act. Under this law it is illegal for two or more people or businesses to act together in order to:
■Restrict trade ■Reduce production ■Increase prices ■Reduce competition ■Fix prices ■Agree not to sell a particular commodity ■Agree not to deal in the goods of a competitor ■Tie contracts (where a buyer seeking one product or service must also buy a second product or service tied to the original product or service)
I believe we know who violated this act, and it wasn't Rambus
"You need to realize the the Cartwright Act was modeled after the Federal Sherman Act and the main purpose of both were to protect the public. In this case RMBS sought to make RDRAM the the predominate type of memory, thus creating a monopoly which also would be an anti-trust issue." ---------------------------------------------------
I have been on this board for over 10 years . this is the most sensible argument i have heard concerning rmbs. cudo's to you for a well thought out defense . most of the replies are lacking in substance . at this point in the contest i'll have to stay with my long position , i have too much invested to do other wise . it is like the guy who took the wrong turn and his wife said ," dear you took the wrong turn " he replies , "shut up we are making good time" !