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Investigators crack down on illegal tactics against AMD

South Korean antitrust investigators fined Intel Corp. 26 billion won ($25 million), for illegal rebates and parts discounts to manufacturers on condition that they not buy from rival manufacturer AMD.

The fine, which closely mirrors the outcome of a similar antitrust investigation in Japan in 2005, makes Intel the second major global technology company to be disciplined by South Korea’s Fair Trade Commission, after Microsoft in December 2005.

Intel said it was displeased with the outcome of the order, and is considering appeal.

“We're disappointed and we completely disagree with the findings,” said Intel’s senior VP and general counsel Bruce Sewell.

South Korean officials hit Intel with antitrust charges last year, working from findings of a two-year investigation wrapped up last September.

Forbes called the rebates a “time-honored practice in the personal computer industry;” identical practices in Europe, the United States, and Japan have since landed the company in considerable hot water. Both European and American investigations are still pending.

In Europe, rumors of a “provisional decision” at the end of last month proved to be false, after European Commission officials dismissed a report that it had gathered sufficient evidence to enter a ruling. Despite that, the Commission promised an antitrust ruling against Intel “as soon as possible,” but refused to provide a specific timeline.

If antitrust rulings against Microsoft are any indication, Korea’s ruling against Intel will be a pittance against the kind of money that European investigators might fine. Antitrust investigations against Microsoft hit the company with a whopping $1.4 billion fine last February – compared to $32 million in South Korea – and EU antitrust rules allow for fines of up to 10 percent of annual sales.

Intel will wait for the dust to settle before it acts, it said, as the official outcome could take between 30 and 60 days and may change significantly during that time. The company can also opt to request reconsideration from the KFTC, or choose to seek a court ruling.

Regardless, Intel denied any wrongdoing with respect to its rebate practices.

“To ask us to cease and desist behavior which we are not doing and never have done is odd,” said Intel representative Nick Jacobs. “We don't use rebates in an anticompetitive fashion.”



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How will this affect AMD?
By AlexWade on 6/5/08, Rating: 0
RE: How will this affect AMD?
By SilthDraeth on 6/5/2008 10:11:33 PM , Rating: 4
I was just thinking the same thing. Basically Company A treats Company B unfairly, so Government fines Company A. Government wins, Company A is still ahead because it made more than it was fined, and Company B is still bad off.


RE: How will this affect AMD?
By Regs on 6/6/2008 6:15:27 AM , Rating: 2
And fining intel 25 million is like giving Bill Gates a parking ticket. Though it looks bad in the eyes in the public, nothing another 100 million in PR can't fix.


RE: How will this affect AMD?
By JonnyDough on 6/8/2008 6:37:15 AM , Rating: 2
Yeah, so who gets the fine money? The government? It should go to those that were hurt...AMD and other manufacturers should be leading and acknowledged in this investigation if they are the primary victims here. Why the heck would the Korean government take it? They've nothing to do with this. I think governments sometimes WANT big corporations to do bad, so they can use seizing property as a form of taxation.


RE: How will this affect AMD?
By the goat on 6/6/2008 8:16:45 AM , Rating: 3
quote:
Will AMD see of this money? They sure could use it, because Intel is delivering a beat-down on performance and AMD needs all the R&D money it can muster.


Why would AMD get any money from this? This has nothing to with AMD. The ruling says Intel hurt the market, and by extension the consumers in that market, by using unfair business practices. The money goes to the consumers. The government will spend the money in the consumers' best interest (or so they say).

Also there are many more CPU manufacturers then Intel and AMD.


RE: How will this affect AMD?
By Viditor on 6/6/2008 12:07:35 PM , Rating: 2
quote:
The ruling says Intel hurt the market, and by extension the consumers in that market, by using unfair business practices


Exactly...
For AMD to get money, they would have to sue Intel (as they are in the US).
I don't know Korean law, but they may still have the option to do so there.
The other place this is important is in the EU where Intel is facing similar charges but for a far greater possible fine.
According to EU law, they could fine Intel as much as 10% of their gross revenue in the EU (several $Billions) for the period under question (I believe it was a 5 year period).
However, AMD would get none of that either unless they file their own lawsuit for damages.


RE: How will this affect AMD?
By just4U on 6/6/2008 12:42:21 PM , Rating: 2
So ... Let's say the EU won and got the max allowance to boot.. where would that money go?


RE: How will this affect AMD?
By Viditor on 6/6/2008 1:40:26 PM , Rating: 2
The money would go to the EU as recompense.
The theory behind anti-trust (in most all countries) is that by commiting these acts, a company or trust is performing acts that are costing the public money because the pricing or choices are no longer being controlled in a free and fair market.

In that case, the fines return to the people in the form of the government as compensation for that violation.

That's not to say that the company that was harmed can't sue for damages (or triple damges in the case of the US) in addition to the fines...they can and usually do!


RE: How will this affect AMD?
By just4U on 6/6/2008 1:47:22 PM , Rating: 2
oh ok, now I understand. I had always thought that some of that money would be dispersed to the wronged companies. But basically they just get a smoking gun with most likely a guaranteed win in a lawsuit. So it still sort of works out.


RE: How will this affect AMD?
By JonnyDough on 6/8/2008 6:39:12 AM , Rating: 2
Well, then if Intel did wrong I hope companies line up to sue. We need to start holding mega corps responsible for crap like this. Free trade? My buttocks.


I find your comments even more odd
By omnicronx on 6/6/2008 10:58:59 AM , Rating: 2
quote:
“To ask us to cease and desist behavior which we are not doing and never have done is odd,” said Intel representative Nick Jacobs. “We don't use rebates in an anticompetitive fashion.”
Anyone can play with words, all this means is that in Intels view, they have never used rebates in an anticompetitive fashion. It does not mean they have not issued rebates.

Sorry Intel, you don't get to decide what is, and what is not illegal, thats what the courts are for. Prepare for at least one other ruling not going your way, as I well make a bet and say that either the US or EU will find Intel guilty of anti competitive behavior, if not both.




RE: I find your comments even more odd
By Khato on 6/6/2008 8:07:57 PM , Rating: 3
See, that's the problem, this ruling isn't being issued by a court. If you read the article, you'd see the portion where "The company can also opt to request reconsideration from the KFTC, or choose to seek a court ruling."

Really, all their 'finding' means is that they can play and bend upon the law just enough to make a case against Intel. At that point, they go ahead and issue a fine with the hopes that Intel will just pay them off. I say pay them off, because that's what the fine is, it goes to those that came to the conclusion that Intel is 'guilty' - that really makes for impartial findings doesn't it?


RE: I find your comments even more odd
By Viditor on 6/7/2008 2:20:51 AM , Rating: 2
quote:
Really, all their 'finding' means is that they can play and bend upon the law just enough to make a case against Intel. At that point, they go ahead and issue a fine with the hopes that Intel will just pay them off.


That's not quite correct...it's not just the fine, but (as happened in Japan) it means that AMD has a guaranteed win in any suit for damages there.
Nolo Contendo (no contest) is considered the legal equivalent to guilty in that furthering actions require a proof of innocense from the accused rather than a proof of guilt from the plaintiff...


By Khato on 6/7/2008 4:24:39 AM , Rating: 2
Oh really now? Because all I remember happening in Japan was AMD winning a court battle to gain access to all the documentation that the Japan FTC made use of. I sure haven't heard of AMD actually -winning- their Japan case against Intel, and I severely doubt that they will. Either way, it's by no means a "guaranteed" win.


Busted
By stimudent on 6/5/2008 9:59:07 PM , Rating: 3
A more realistic way of putting this.

Intel is very disappointed that it got caught and fined this time. The executives are promising the share holders that Intel will be sure to cover its tracks better in the future.




Chump Change
By Cheapshot on 6/5/2008 10:41:00 PM , Rating: 2
Intel is lucky they didn't have the EU for customers.




By Creig on 6/5/2008 11:06:23 PM , Rating: 2
quote:
“To ask us to cease and desist behavior which we are not doing and never have done is odd,” said Intel representative Nick Jacobs. “We don't use rebates in an anticompetitive fashion.”


When motherboard manufacturers started shipping their AMD boards in plain white boxes to keep you from realizing what was inside, it's pretty obvious that you'd been getting a little too aggressive with your "rebate" program.

http://www.overclockers.com.au/techstuff/r_k7m/




Hmmm
By sirius4k on 6/6/2008 7:08:35 AM , Rating: 2
Do South Koreans even know what the word 'Fair' means? How can they have a Fair Trade Commission? =D

I'm not protecting Intel, but everyone who knows even a little about this country would ask pretty much the same thing =P




AMD is not whining
By KinEnriquez on 6/10/2008 2:17:01 AM , Rating: 2
AMD started the complaint back in 2005/2006, when the Athlon processors are way faster than the Netbust chips that Intel offers - AMD is not whining because it cannot compete, ok? Even then AMD has difficulty selling its superior chips because precisely of Intel's "rebates"




$25M?
By RamarC on 6/5/2008 8:33:03 PM , Rating: 1
for a company like intel, that's a parking ticket! i'm sure their legal team got bonuses and hookers for this verdict (seriously)!




KFTC
By mendocinosummit on 6/5/08, Rating: 0
Rebates are perfectly acceptable
By DallasTexas on 6/5/08, Rating: -1