AMD claims breakthrough in Intel anti-trust case

A US judge has ordered Intel to produce documents that rival AMD hopes will prove it entered into exclusive chip deals with German PC vendors.

The decision by district-court judge Joseph Farnan, Jr. followed an investigation by court-appointed anti-trust specialist Special Master Vincent Poppetti.

Judge Farnan had previously sided with Intel in AMD's long-running anti-trust suit against its rival, claiming only last month that the case would be impossible to prove under US anti-trust law, which tends to cover US-only business activities.

But Poppetti told the judge that since the “undisputed geographic market” is global and that nearly 70 per cent of processors sold are to non-US customers, evidence from non-US sources was needed.

Intel had fought against the release of such information but has agreed to abide by Poppetti’s findings.

In his report, Poppetti said: “To prove its export commerce claims, AMD must introduce evidence of exclusionary conduct on the part of Intel that foreclosed opportunities for AMD to sell its American-made microprocessors to foreign customers.

“Accordingly, the Special Master concludes that the Foreign Conduct Discovery Materials are reasonably calculated to lead to the discovery of exclusionary conduct that would support a foreclosure claim in connection with the sale of American-made x86 microprocessors abroad.”

He added: “To prove monopoly power AMD must show that Intel has the power to control prices or exclude competition. As Intel is unwilling to stipulate to having monopoly power, AMD is entitled to discover information relevant to Intel's ability to control prices and/or exclude competition.”

AMD described the finding as a “significant legal victory”.

Thomas McCoy, AMD executive vice president, legal affairs and chief administrative officer said: “This case remains firmly focused on the worldwide misbehaviour of a global monopolist. This ruling also removes any basis for Intel or its foreign customers to withhold evidence of Intel's exclusion, regardless of where it occurred.

"We will proceed vigorously to prove that Intel abuses its global monopoly power by limiting or excluding competition, which ultimately hurts consumers worldwide.”

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