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European Commission finds Intel guilty of stifling competition news
23 September 2009

Brussels: The European Commission has finally published its verdict in a non-confidential version of its Intel Decision. The decision adopted on 13 May 2009 states that Intel broke EC Treaty antitrust rules (Article 82) by engaging in two types of illegal practice to exclude competitors from the market for computer chips called x86 central processing units (CPUs).

Elaborating on the latest development, Tom McCoy, executive vice president of legal affairs at rival AMD, said, ''This is the first time Intel has had to confront now publicly available facts of its illegal behaviour and it won't be the last. The US FTC and New York Attorney General's continuing investigations and Advanced Micro Devices (AMD) civil case against Intel will provide other clear demonstrations of Intel breaking the law - the next steps toward bringing consumer choice to the marketplace.''

The decision states that Intel made direct payments to computer manufacturers - HP, Acer, Lenovo - to stop or delay the launch of specific products containing a competitor's x86 CPUs and to limit the sales channels available to these products.

The Commission's decision also sets out how Intel sought to conceal its practices and how computer manufacturers and Intel itself recognised the growing threat represented by the products of Intel's main competitor, AMD, which with just 20 per cent has only a quarter of  Intel's market share of 80 per cent.

In 2000, AMD had filed a complaint with the EC against Intel's malpractices, but it was only in July 2007, the EC looked at three specific charges: that Intel "offered discounts to a major European personal computer distributor to favour its products, paid a PC maker to delay marketing a model line using [rival] AMD chips, and also paid it to use Intel's own microprocessors in preference".

In May 2009, the EC had find Intel a record $1.44 billion for abusing its dominance in the computer chip market to exclude its only serious rival, AMD. (See: EU fines Intel record $1.44 billion in anti-trust case)

The EU competition commissioner, Neelie Kroes had said then, that Intel had pursued a strategy aimed mainly at excluding AMD by paying computer makers and retailers to postpone, cancel or avoid AMD products entirely. Intel ''went to great lengths to cover up its anticompetitive actions,'' she said.

Intel has filed an appeal against the order and has said that it was looking forward to the appeal being heard. Intel president Paul Otellini, speaking at the company's annual developer forum in San Francisco last week said, "I continue to believe and assert the EU have got it wrong. We have appealed and we will win on appeal.''

Intel is also facing a related civil lawsuit filed by AMD in a Delaware Federal Court and is also being investigated by the US Federal Trade Commission and New York state.

With the EU finding Intel guilty, the decision will have severe impact on the case and investigations currently underway in the US, and that is the main reason why Intel has filed an appeal with the EU, say analysts.


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European Commission finds Intel guilty of stifling competition