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New York Attorney General gives thumbs up to Intel antitrust Investigation

09:50 - Friday 11 January 2008 by Wolfgang Gruener
Source: Tom's Hardware UK – Keywords: Intel, Antitrust, AMD
Categories: Business

New York (NY) – AMDs claims that Intel is engaging into anticompetitive behavior received new support through the New York Attorney General, who today said that Intel’s “potential anticompetitive conduct warrant a full and factual investigation.”

The announcement of New York Attorney General comes more than two years after AMD filed antitrust allegations against Intel in the U.S. federal district court for the district of Delaware, stating that the company violated certain portions of the Sherman Antitrust Act, the Clayton Act, and the California Business and Professions Code.

Attorney General Andrew M. Cuomo served what was described as a “wide-ranging subpoena” seeking documents and information on Intel. Cuomo said he is investigating “whether Intel violated state and federal antitrust laws by coercing customers to exclude its main rival, Advanced Micro Devices, from the worldwide market for x86 computer processing units.”

“After careful preliminary review, we have determined that questions raised about Intel’s potential anticompetitive conduct warrant a full and factual investigation,” Cuomo was quoted. “Protecting fair and open competition in the microprocessor market is critical to New York, the United States, and the world. Businesses and consumers everywhere should have the ability to easily choose the best products at the best price and only fair competition can guarantee it. Monopolistic practices are a serious concern particularly for New Yorkers who are navigating an information-intensive economy.”

The information Cuomo is seeking is focused on determining whether Intel “penalized” computer manufacturers and other customers for purchasing processors from AMD, whether it “improperly: paid customers for exclusivity and whether it “illegally cut off” competitors from distribution channels. Cuomo noted that he is also looking for evidence whether “Intel abused its power to remove competitive threats or harm competition in violation of New York and federal antitrust laws.”

According to media reports, AMD has received a subpoena from Cuomo.

Following AMD’s antitrust filing, Intel has been hit with several antitrust investigations and charges around the world. Most notably, Korea concluded in September of last year that Intel violated antitrust regulations. The case is pending. The European Commission took steps to charge Intel with antitrust violations last July. Intel responded to charges brought against the company last Monday. Documents describing the charges as well as Intel’s response have not been disclosed. Back in 2005 Japan ruled that Intel had violated its antimonopoly act. The company accepted the charges and avoided a formal trial.

AMD, which has come under enormous competitive and financial pressure over the past 18 months and is generally believed to be trailing Intel in processor technology, believes that 43% of Intel’s profits – or more than $60 billion - generated between 1996 and 2006 were a result of the firm’s monopoly in the CPU market.

Investors reacted cautious and sent Intel’s stock down 1.6% or $0.37 to $22.38 in late Thursday trading. After hitting a 12-month high of $27.99 in December 2007, Intel’ stock tumbled due to analyst downgrades earlier this month.


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