In Re Graphics Processing Units Antitrust Lit.

PRETRIAL ORDER NO.

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS

INTRODUCTION

In this multi-district antitrust proceeding, all defendants have moved to dismiss the direct purchasers’ complaint as well as the indirect purchasers’ complaint. One of the prominent issues presented is the proper application of the recent decision in Bell Atlantic Corp. v. Twombly, — U.S. —, 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007). The motions are Granted in Part and Denied in Part for the reasons stated below.

STATEMENT

Taking all well-pled facts as true, the complaints establish the following. Defendants are producers of graphics processing units, or GPUs, used in many types of consumer electronics. Defendant Nvidia Corporation, a Delaware corporation, has its headquarters in Santa Clara (DPC ¶ 17). Defendant ATI Technologies, Inc., is a business entity organized under the laws of Canada (id. at ¶ 18). Defendant Advanced Micro Devices, Inc., a Delaware corporation, has its principal place of business in Sunnyvale (id. at ¶ 19). On July 24, 2006, AMD and ATI announced a plan for AMD to acquire ATI. The deal closed on October 25, 2006 (ibid,.). The acquisition was financed through…