EC still holds Intel accountable even after AMD settlement

By Scott M. Fulton, III | Published November 12, 2009, 1:03 PM

Despite an historic resolution to AMD's and Intel's long-standing business practices and intellectual property disputes this morning, the official position of the European Commission -- which issued formal objections to, and fines for, Intel's alleged conduct last May -- is that nothing whatsoever has changed with regard to its ongoing prosecution of its Statement of Objections.

In a statement to Betanews this afternoon, EC spokesperson Jonathan Todd said: "The Commission takes note that Intel and AMD have settled all their litigation and that Intel is paying AMD compensation of $1.25 billion. Intel has an ongoing obligation to comply with the Commission's May 2009 Decision and with EU antitrust law. The Commission continues to vigorously monitor Intel's compliance with its obligations under the May 2009 Decision."

Although AMD is likely to continue cooperating with regulators worldwide, its active participation in their efforts is likely to subside, but not yet completely.

"The regulatory investigations and enforcement actions around the world are conducted by sovereign governments pursuant to law and their mandates to protect competitive processes and consumer value," said AMD Executive Vice President for Legal Affairs Tom McCoy this morning. "So the regulators will do what they are going to do; and what we would say is that, from our perspective, we are withdrawing, obviously, from all pending litigation. We will be withdrawing all complaints that have been lodged with regulatory agencies, and if asked, we will say that the agreement, to a great extent, resolves outstanding disputes between AMD and Intel under the antitrust laws. There are some exceptions, there are some practices that we believe are exclusionary, that we will, under the agreement, there are a narrow set which we will continue to advocate to the regulators should be addressed for the health of the industry; and Intel will have its own point of view of that, of course. So the regulatory agencies still have a role to play, but from our perspective, this agreement significantly resolves our concerns."

From Intel's perspective, all of the regulatory concerns that governments may have stem from AMD's original civil complaint. And now that that's over, Intel believes, the rest of it all should follow.

"In terms of regulators, I think in general, all of these comments that have been coming from regulators, and actions, have been as a result of the complaints between these two private parties," said Intel CEO Paul Otellini this morning. "Now that the issues between the private parties are settled, I think that should provide some degree of comfort for the regulators, at least in terms of our behaviors and how we're going to compete in the marketplace, and so forth. Beyond that, they may have their other concerns in areas like pricing, as we've mentioned, that we may still want to them and they may want to talk to us about."

Endpoint analyst Roger Kay later pressed the Intel executives for further clarity, including with regard to the New York Attorney General's antitrust complaint, filed last week.

"In the places in the world where AMD had complaints against us, those will be withdrawn," responded Intel Executive Vice President for Legal Affairs Andy Bryant. "In places where governments around the world were asking us questions, those will continue on. Actually the EU appeal will continue on...We are having discussions with the [US] FTC; currently, there are other countries in the world who have asked us questions, we will still continue to talk to them, answer their questions. And of course, we have the New York Attorney General situation to deal with."

This prompted a Fortune Magazine correspondent to ask whether A-G Andrew Cuomo's complaint -- which contained never-before-public e-mails from Intel execs, including Otellini, as evidence of improper conduct -- led Intel to conclude it must settle now with AMD to avoid embarrassment.

Otellini responded first by revealing that settlement talks with AMD actually began last April, before the EC's Statement of Objections. In fact, it's conceivable that had the EC suspended its operations for another month, it might have discovered it had less to complain about.

With respect to Mr. Cuomo's filed complaint, Otellini added, "On some of the statements in there that were attributed to me, yeah, I wrote some of those, at least the ones I remember. On the other hand, many of those documents are taken broadly out of context. When the full nature of the e-mails is exposed, I think that you'll see there's another way to interpret some of these statements. Remember, there were 200 million pages of documents produced, and these were four or five snippets out of 200 million pages. So we're anxious to talk about our side of the story and show our other halves of e-mails, and so forth, as we go forward."

Betanews has shared some of Otellini's statements with Attorney General Cuomo's office, and we may expect a response from him later in the day.

Comments

View comments by with a score of at least

Did anyone honestly think this was going to change with what has just happened?

Score: 0

|

No, of course.

Why a decision between privates will render obsolete an investigation by a government?

Score: 0

|

Especially not when there are American monies ripe for the taking by the EC.

Score: 0

|

Google Buzz: Another attempt to harness the content firehose

Similar to how Google successfully remolded RSS into a Google tool, the company now wants to remold Gmail into one big Google party

Success: Google's Nexus One shipping support line takes tech support questions

UPDATED Though the support line had been set up for shipping, it now appears Google personnel are happy to hear technical concerns.

Goodnight, moon: What I learned from a space shuttle

Carmi Levy | Wide Angle Zoom: Can the tech sector learn a few lessons from the space program? Certainly, if you believe in learning from someone else's mistakes.

Netflix to FCC: NBCU + Comcast could bypass net neutrality

Weaning itself from the post office as its main means of video transfer, Netflix would like someone to ensure the Internet remains just as unencumbered.

Rhapsody to become an independent company

RealNetworks and Viacom subsidiary MTV Networks have begun the process of spinning off music service Rhapsody into an independent company.

Nvidia debuts new dynamically-switched graphics card technology

Today, Nvidia announced that its Optimus technology for GPU switching will soon be available in a handful of Asus notebooks.

Google lowers 'unusually high' early termination fee on Nexus One

Google has lowered the Nexus One's early termination fees which were twice as high as the norm.

Netgear and Ericsson introduce a mobile broadband hotspot with a twist

It's a mobile broadband hotspot, but it's for use in the home.

Report: Streaming video drove 72% global increase in mobile data consumption

A new study says streaming video is "the single most influential factor driving the need for increased mobile network capacity."

Stymied by continuing Nexus One 3G issues, Google blames the environment

If you're still afflicted with the 3G flip-flop trouble, then you might consider moving. That appears to be the only suggestion Google can give for now.

Wolfram|Alpha makes a strong argument for virtual keyboards

"Answer engine" Wolfram|Alpha has updated its iPhone/iPod Touch app, harnessing the strength of the virtual keyboard.