Did anyone read the email quote in the law.com article about this? Let me just post it here for you:
Vivoli wrote, in part, "I really think we should work harder together on the marketing front. As you and I have talked about, even though we are competitors, we have the common goal of making our category a well positioned, respected playing field. $5 and $8 stocks are a result of no respect." "That's not good for the defense," said Alsup after reading the e-mail aloud in the courtroom. "A jury would like to see this," he said.
To me this means that NV is concerned about the price of their stock. He's suggesting it's lower than he wants because no one respects either ATI or NV products. He further suggests that by working together on the marketing front they can increase the relevance of ATI/NV products and make everyone's stock worth more money.
He suggests they work together in the marketing of products, not the pricing of products. While that could result in an overall increase in selling price of products for both companies as the price of stock goes up, I don't think it really shows they were working together to artificially hold consumers hostage or "fix" pricing.
Check out this link:
http://pc.ign.com/articles/382/382684p1.html
It shows the IGN Best of 2002 Awards for PC games. The first sentence of the article is, "To those who say PC gaming is dead, we say "Nuts!" The best role playing game for that year was Star Trek Bridge Commander and the best action game (pre FPS days I guess) was Mafia. BF1942 was the runner up (huh?).
This was back in the day of the original fanboi and graphics was all about playing second fiddle to CPU to get crazy performance. The way I interpret the above email from NV is them recognizing that graphics in general needed to become more important to people and the way to get there was through cooperation between the two companies. I don't see how artificially inflating the price of graphics cards could achieve that.
On the other hand, if you (as a graphics company) start doing some marketing to show how graphics cards improve a gamer's experience, 1. everyone sells more graphics cards and 2. game developers start to write games that take more advantage of graphics cards.
NV has a whole program (optimized PC,
http://www.nvidia.com/object/balancedpc.html ) designed to show you how important the GPU is to getting the best gaming experience. I couldn't agree with them more on this subject and I'm glad to see they are trying to educate people on the subject.
But I don't think any of this points to price fixing at all.