Wednesday, September 4th 2024

DOJ Issues Subpoena to NVIDIA as Antitrust Probe Intensifies

The U.S. Department of Justice has stepped up its probe into NVIDIA and several other companies in the hopes of gaining evidence that NVIDIA could have violated antitrust laws. The DOJ moved from sending questionnaires to issuing subpoenas requiring recipients to provide more information. This puts the government one step closer to potentially filing a formal complaint. Antitrust officials are concerned that NVIDIA might be making it difficult for customers to switch to other suppliers and could be penalizing those who don't exclusively use its AI chips, according to sources familiar with the investigation.

The probe, which first came to light in June via Bloomberg, has seen investigators reaching out to other tech companies for information. The DOJ's San Francisco office is leading the inquiry, though the department has declined to comment publicly on the matter. In response to the investigation, NVIDIA said in an emailed statement that its market dominance is due to the superior quality and performance of its products. "NVIDIA wins on merit, as reflected in our benchmark results and value to customers, who can choose whatever solution is best for them".
NVIDIA, which has become the world's most valuable chipmaker and a major player in the AI boom, has attracted regulatory scrutiny as its sales have surged, surpassing former industry leaders like Intel.

As part of the DOJ's probe, regulators are also looking into NVIDIA's acquisition of RunAI, a company that develops software for managing AI computing. There are concerns that this acquisition could make it harder for customers to move away from NVIDIA's chips. Additionally, investigators are examining whether NVIDIA offers preferential pricing and supply terms to customers who exclusively use its technology or purchase complete systems.

Beyond this specific investigation, NVIDIA's business practices are facing broader regulatory questions, especially as access to AI capabilities becomes increasingly crucial to economic strength and national security worldwide.
Source: Bloomberg
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36 Comments on DOJ Issues Subpoena to NVIDIA as Antitrust Probe Intensifies

#1
lexluthermiester
Nomad76The DOJ moved from sending questionnaires to issuing subpoenas requiring recipients to provide more information.
This is never a good sign.
Posted on Reply
#2
A Computer Guy
lexluthermiesterThis is never a good sign.
Maybe nvidia pissed off gov't working round export restrictions that one time?
Posted on Reply
#3
dragontamer5788
A Computer GuyMaybe nvidia pissed off gov't working round export restrictions that one time?
Different folks.

Antitrust is handled by antitrust at Department of Justice/FBI. I'm pretty sure export restrictions is Department of State.

-------

Antitrust guys just finished a big Google case. They're clearly getting ready for another big case. I wonder what the evidence is... But I'm sure we will see it soon enough.
Posted on Reply
#4
lexluthermiester
A Computer GuyMaybe nvidia pissed off gov't working round export restrictions that one time?
"Pissed off" might a stretch.. If NVidia broke the law, they are accountable and need to be roped in.
Posted on Reply
#5
Dr. Dro
dragontamer5788Antitrust guys just finished a big Google case. They're clearly getting ready for another big case. I wonder what the evidence is... But I'm sure we will see it soon enough.
I read that as "they're clearly getting ready for another big payout", I guess I'm just cynical and jaded
Posted on Reply
#6
evernessince
Nomad76As part of the DOJ's probe, regulators are also looking into NVIDIA's acquisition of RunAI, a company that develops software for managing AI computing. There are concerns that this acquisition could make it harder for customers to move away from NVIDIA's chips. Additionally, investigators are examining whether NVIDIA offers preferential pricing and supply terms to customers who exclusively use its technology or purchase complete systems.
Nvidia's MO is conditioning supply on obedience and locking customers in. It's been something they've done with their AIB partners and customers for a long time now. I guess it took Nvidia doing the same to the AI market for regulators to finally notice.
Posted on Reply
#7
ViperXZ
Money and power corrupts and Nvidia was known for decades to be like this, the first toxic thing they ever did were toxic Anti-ads against their competition, when the big GPU 3D market started back then. They are as poisonous as their main color is a cliche for. Nvidia in the last 10 or more years also tried to mimic and copy Apple, who are well known for their island products, but at least they still leave you choice and don’t wall you in.
Posted on Reply
#8
Shihab
Nomad76Additionally, investigators are examining whether NVIDIA offers preferential pricing and supply terms to customers who exclusively use its technology or purchase complete systems.
This is illegal?
Posted on Reply
#9
TheEndIsNear
Our government has to get their piece of the money. That's all this is or else why would microsoft, amazon ect.. just keep going doing their anti competitive crap and get away with it. What about taiwan semiconductor they have technology moat too that's bigger than nvidia's. Our country sucks
Posted on Reply
#10
bonehead123
I wonder how much it's gonna cost them to pay off someone in the DOJ to get this investigation swept under a rug somewhere, or at least creeping along at a snail's pace until everyone just loses interest & says to hell with it ?
Posted on Reply
#12
lexluthermiester
ShihabThis is illegal?
Hell yes it is, and not just here in the states.
Posted on Reply
#13
Hxx
They ll pay a fine and move on. A small ding in the stock price another expense reported and they will make up for it within a year . Really the folks making out the most here are nvidias legal counsel especially if external
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#14
natr0n
Jensen should get arrested for under providing vram.
Posted on Reply
#15
mb194dc
The AI boom fallout probably dwarfs anything coming from this eventually I think.
Posted on Reply
#16
Shihab
AnotherReaderNvidia has a monopoly; that restricts their range of actions compared to other companies.
Ok. This does make sense.
lexluthermiesterHell yes it is, and not just here in the states.
I suppose in the context of monopolies it is. Would be amusing to see how any hardware or software vendor could sell bundled products if it was illegal in any scenario.
Posted on Reply
#18
Daven
It’s just like Intel from the 90s and 00s all over again.
Posted on Reply
#20
Wirko
AnotherReaderNvidia has a monopoly; that restricts their range of actions compared to other companies.
They are still allowed to offer quantity discounts though, like any other business. Buy 20 accelerators, get one for free. Or get one switch for free. The more you buy, the more you save!
Are there legal restrictions in place that also limit their ability to do that?
Posted on Reply
#21
bug
I'm not really sure how would Nvidia prevent customers from using different providers. Refuse to rewrite their CUDA-enabled software for them?
Also forcing exclusivity seems a bit of a stretch. Any major cloud provider will offer both Nvidia and AMD HPC nodes, so I'm not really seeing a restriction here. Sure, there are those running on-prem hardware. But those are relatively few, it will be hard to establish a pattern from those samples.

Still, this is my image from the outside (and far away), let's see how this unravels.
Posted on Reply
#22
Wirko
thesmokingmanThis is fake news.
What if the subpoena includes a request to deny its existence? At least until the investigation is over?
bugSure, there are those running on-prem hardware. But those are relatively few, it will be hard to establish a pattern from those samples.
Those relatively few may still be a large number of high-value customers. If a significant share of F500 companies decide that they don't want their data on other people's computers, they will hire consulting firms and build their own private clouds. They may need some AMD accelerators or non-Nvidia network switches, so what are they to do?
Posted on Reply
#23
R-T-B
thesmokingmanThis is fake news.

www.tomshardware.com/tech-industry/artificial-intelligence/nvidia-denies-it-got-subpoena-from-the-us-doj-in-ai-antitrust-investigation
No offense but bloomberg has way more sway truth wise than tomshardware. Gotta wait for the dust to settle here before you can shout "fake news."
WirkoWhat if the subpoena includes a request to deny its existence? At least until the investigation is over
This is possible. It's also in nvidia's best interest to downplay this as much as is legal, bear in mind.
bugRefuse to rewrite their CUDA-enabled software for them?
It's more along the lines of "refuse to allow CUDA translation products to thrive"
Posted on Reply
#25
eidairaman1
The Exiled Airman
evernessinceNvidia's MO is conditioning supply on obedience and locking customers in. It's been something they've done with their AIB partners and customers for a long time now. I guess it took Nvidia doing the same to the AI market for regulators to finally notice.
Intel business practice right there too.
Posted on Reply
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