''AMD v. Intel'' was a private
antitrust
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust ...
lawsuit
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
, filed in the United States by
Advanced Micro Devices
Advanced Micro Devices, Inc. (AMD) is an American multinational semiconductor company based in Santa Clara, California, that develops computer processors and related technologies for business and consumer markets. While it initially manufact ...
("AMD") against
Intel Corporation
Intel Corporation is an American multinational corporation and technology company headquartered in Santa Clara, California. It is the world's largest semiconductor chip manufacturer by revenue, and is one of the developers of the x86 serie ...
in June 2005.
History
AMD launched the lawsuit against its rival Intel, the world's leading
microprocessor
A microprocessor is a computer processor where the data processing logic and control is included on a single integrated circuit, or a small number of integrated circuits. The microprocessor contains the arithmetic, logic, and control circ ...
manufacturer. AMD has claimed that Intel engaged in
unfair competition
Unfair may refer to:
* Double Taz and Double LeBron James in multiverses ''fair''; unfairness or injustice
Injustice is a quality relating to unfairness or undeserved outcomes. The term may be applied in reference to a particular event or situ ...
by offering
rebates to Japanese PC manufacturers who agreed to eliminate or limit purchases of microprocessors made by AMD or a smaller manufacturer,
Transmeta
Transmeta Corporation was an American fabless semiconductor company based in Santa Clara, California. It developed low power x86 compatible microprocessors based on a VLIW core and a software layer called Code Morphing Software.
Code Morphing S ...
.
[Michael Singer; Dawn Kawamoto]
"AMD files antitrust suit against Intel"
''CNET
''CNET'' (short for "Computer Network") is an American media website that publishes reviews, news, articles, blogs, podcasts, and videos on technology and consumer electronics globally. ''CNET'' originally produced content for radio and televi ...
''. Retrieved June 25, 2008.
The complaint was filed in the
United States District Court for the District of Delaware
The United States District Court for the District of Delaware (in case citations, D. Del.) is the Federal district court having jurisdiction over the entire state of Delaware. The Court sits in Wilmington. Currently, four district judges and ...
in June 2005. The case was consolidated with thirteen other antitrust suits against Intel by the
Judicial Panel on Multidistrict Litigation
The United States Judicial Panel on Multidistrict Litigation (J.P.M.L. or the Panel) is a special body within the United States federal court system which manages multidistrict litigation. It was established by Congress in 1968 by , and has th ...
in November 2005. In July 2007, U.S. District Judge
Joseph James Farnan Jr. largely denied Intel's motion to dismiss. The court date, originally scheduled for April 2009, was pushed back to February 2010.
In February 2009 it was reported that Intel had spent at least $116 million to date on legal representation on the antitrust suit. This was inferred from a $50 million lawsuit filed by Intel against one of its insurers; the lawsuit disclosed that Intel had already exhausted $66 million in coverage from two other insurers while fighting the antitrust lawsuit.
Federal Trade Commission
The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction o ...
Chairwoman
Deborah Platt Majoras blocked an inquiry into the matter until her departure in March 2008. In June 2008, new FTC Chairman
William Kovacic
William Evan Kovacic (born 1952) is an American legal scholar who served as a commissioner of the Federal Trade Commission (FTC) from 2006 to 2011, including as its chairman from 2008 to 2009. He is a member of the Republican Party.
Kovacic is c ...
opened an investigation.
This was not the first time AMD has accused Intel Corp. of abusing their power as the leading manufacturer for
x86 processors. In 1991, AMD filed an antitrust lawsuit against Intel claiming that they were trying to secure and maintain a monopoly. One year later, a court ruled against Intel, awarding AMD $10 million "plus a royalty-free license to any Intel patents used in AMD's own x86-style processor".
[Michael Singer.]
Intel and AMD: A long history in court
, CNET.com, June 28, 2005. Retrieved on 2008-06-25.
Agreement
In November 2009, Intel agreed to pay AMD $1.25 billion as part of a deal to settle all outstanding legal disputes between the two companies.
That week,
Andrew Cuomo
Andrew Mark Cuomo ( ; ; born December 6, 1957) is an American lawyer and politician who served as the 56th governor of New York from 2011 to 2021. A member of the Democratic Party, he was elected to the same position that his father, Mario Cuo ...
, then the
Attorney General of New York
The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has been in existence in some form since 1626, under the Dutch colonial government ...
, who had access to the 200 million documents in
discovery
Discovery may refer to:
* Discovery (observation), observing or finding something unknown
* Discovery (fiction), a character's learning something unknown
* Discovery (law), a process in courts of law relating to evidence
Discovery, The Discove ...
and 2,200 hours of witness
depositions from the private lawsuit, filed another antitrust lawsuit under similar allegations. That lawsuit was ultimately settled in 2012 by Cuomo's successor for $6.5 million.
In December 2009, the FTC sued Intel. On August 4, 2010, FTC Chairman
Jon Leibowitz reached a settlement agreement with Intel in which the company agreed to modify its rebate practices and establish a $10 million fund for misled customers.
International actions
In 2005, the
Japan Fair Trade Commission
The is the competition regulator in Japan. It is a commission of the Japanese government responsible for regulating economic competition, as well as enforcement of the Antimonopoly Act. Headed by a chairman, the commission is commonly known as ...
issued Intel a
cease and desist
A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not disc ...
order. On June 4, 2008,
Korea Fair Trade Commission fined Intel
US$25.4 million for giving
Samsung
The Samsung Group (or simply Samsung) ( ko, 삼성 ) is a South Korean multinational manufacturing conglomerate headquartered in Samsung Town, Seoul, South Korea. It comprises numerous affiliated businesses, most of them united under the ...
rebates to not use AMD processors. Some of the manufacturers involved in the case were
Dell
Dell is an American based technology company. It develops, sells, repairs, and supports computers and related products and services. Dell is owned by its parent company, Dell Technologies.
Dell sells personal computers (PCs), servers, data ...
,
HP,
Gateway,
Acer,
Fujitsu
is a Japanese multinational information and communications technology equipment and services corporation, established in 1935 and headquartered in Tokyo. Fujitsu is the world's sixth-largest IT services provider by annual revenue, and the la ...
,
Sony
, commonly stylized as SONY, is a Japanese multinational conglomerate corporation headquartered in Minato, Tokyo, Japan. As a major technology company, it operates as one of the world's largest manufacturers of consumer and professional ...
,
Toshiba
, commonly known as Toshiba and stylized as TOSHIBA, is a Japanese multinational conglomerate corporation headquartered in Minato, Tokyo, Japan. Its diversified products and services include power, industrial and social infrastructure systems, ...
, and
Hitachi
() is a Japanese multinational conglomerate corporation headquartered in Chiyoda, Tokyo, Japan. It is the parent company of the Hitachi Group (''Hitachi Gurūpu'') and had formed part of the Nissan ''zaibatsu'' and later DKB Group and Fuyo G ...
.
[Ann Steffora Mutschler.]
Intel, AMD antitrust trial pushed back
, ''Electronic News'', June 6, 2008. Retrieved on 2008-06-25.
In May 2009, the
European Commissioner for Competition
The Commissioner for Competition is the member of the European Commission responsible for competition. The current commissioner is Margrethe Vestager ( ALDE).
Responsibilities
The portfolio has responsibility for such matters as commercial c ...
,
Neelie Kroes
Neelie Kroes (; born 19 July 1941) is a retired Dutch politician of the People's Party for Freedom and Democracy (VVD) and businessperson who served as European Commissioner from 22 November 2004 to 1 November 2014.
Kroes studied Economics at ...
, fined Intel a record $1.45 billion and ordered it to end its customer rebate program.
References
{{Intel
AMD
United States computer case law
Intel litigation
United States antitrust case law
United States District Court for the District of Delaware cases