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New York Launches Intel Antitrust Investigation

Posted by Soulskill on Thu Jan 10, 2008 06:56 PM
from the chip-on-their-shoulders dept.
Multiple users have notified us of reports that the Attorney General of New York has initiated an antitrust investigation of Intel. The EU served Intel with similar charges last July, and AMD has been battling Intel over antitrust issues for some time. Quoting the New York Times: "The subpoenas from Mr. Cuomo's office will seek internal memos, billing documents, and correspondence between Intel and its customers to determine whether the company engaged in a variety of anticompetitive practices, like penalized customers, primarily computer manufacturers, for purchasing processors from competitors or improperly paying customers to use Intel chips exclusively. Chuck Mulloy, a spokesman for Intel, said the company would comply with Mr. Cuomo's subpoena but denied any illegality."
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[+] Timeline Set for Intel/AMD Antitrust Trial 151 comments
Vitaly Friedman writes "The stage is set for the biggest tech battle in years: the antitrust lawsuit filed by AMD against rival Intel. What sort of effect is it likely to have on the industry and the consumer? From the article: 'Last year, the company filed an antitrust lawsuit against Intel, claiming that their rival had "unlawfully maintained its monopoly by engaging in a relentless, worldwide campaign to coerce customers to refrain from dealing with AMD" for more than ten years. AMD has already subpoenaed computer manufacturers, retailers, and even Microsoft to provide documentation pertaining to the case. Now, the timeline has been set for the trial of the Megayear to commence.'"
[+] Hardware: EU Slaps Intel With Formal Antitrust Charges 62 comments
castrox writes "Intel is now facing a prolonged legal battle in the European Union for engaging in anti-competitive practices. The courts allege that Intel made at least one arrangement in Germany to ensure that PC manufacturers could only use their products. From the article: 'The investigation in Europe has been going on for a long time. Intel's European offices were raided by EU investigators in 2005. Last year, AMD filed a formal complaint with the Bundeskartellamt, the German Federal Cartel Office, accusing a German and Intel of entering into an agreement under which the German retailer would only sell Intel PCs in exchange for undisclosed payments from Intel. The EC quickly took over that investigation from the Bundeskartellamt.'"
[+] DOJ Nixes Lax Policy, Hardens Antitrust Enforcement 249 comments
eldavojohn writes "A policy from the Bush era seen as a hurdle to the government prosecuting companies under antitrust laws has been withdrawn by Obama's Department of Justice. From the article: 'The DOJ's Antitrust Division has withdrawn a September report that "raised too many hurdles to government antitrust enforcement and favored extreme caution" toward antitrust enforcement action, the DOJ said. The change in policy could mean that the department looks harder at the actions of technology vendors such as Google, Oracle and IBM, as detractors have raised antitrust concerns about all three in recent months.' You may recall that Google has come under some antitrust scrutiny recently and the pressure may have just gotten a little more intense."
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  • Why can't..... (Score:5, Insightful)

    by bherman (531936) on Thursday January 10 2008, @06:59PM (#21992928) Homepage
    Intel pay a company to use Intel exclusively, but Blu-Ray or HD-DVD can?
    • Re: (Score:3, Informative)

      That's a good point and I can only assume why it's a different case:
      1. There is no monopoly on Blue-Ray or HD-DVD. Both standards are provided by several companies
      2. Both standards offer different features. CPUs on the other hand basically perform the same tasks (ok, sometimes one of the two major manufacturers has a new instruction set, but they exchange patents regarding this to ensure interoperability)
      3. The global market for HD material is still quite small and we don't really depend on it. Both might be so
    • I guess this is why AMD can't even give its chips away for free right now, Intel is one step ahead yet again!
      • Re: (Score:3, Interesting)

        I bought a dual-core AMD X2 3500 last year for $35. While everyone is trash-talking AMD because Intel has speedier chips on the high end, people keep overlooking how damned cheap the low-end AMD processors are, and how much more bang you get for your buck. I think the educated consumers are still buying AMD for just that reason.
        • AMD has some great low-end chips, but Intel has taken over every other market segment in performance. AMD remains viable only in the sub-$75 range. Intel's $75 E2140 can hit 3Ghz easily, running circles around a $75 Athlon X2 4400+, no matter how good of an OC you get from the Athlon. Intel's Core 2 chips have much more OC headroom and much better performance per dollar all the way from the $75 E2140 to the $1000 QX9650.
          • There are people who have gotten the 3500+ up to 3Ghz on air, and again that chip is so old, you can't even buy it anymore, but last year it was $35.

            Not to mention that clock speed isn't everything. People often overlook the FSB for one. AMD has a much better FSB speed.

            Then there is the fact that I figured the Slashdot crowd wasn't the type to support evil anti-trust corporations like Intel.
          • That's good news for me. I refuse to spend more than $40-50 on a CPU anyway. AMD it is, then.
    • by cybersquid (24605) on Thursday January 10 2008, @09:00PM (#21994110) Homepage
      I once worked at a now defunct major PC maker in the late 80s/early 90s.

      They developed a notebook computer. There were 2 flavors: one used an Intel low-power 386 chip, and the other an AMD low-power 286. (They were going to use an Intel low-power 286, but Intel canceled the chip.)

      The next month, they got shorted their allotment of 486 chips. Which meant that they couldn't ship all the desktop computers they'd built. There was no 2nd source for 486 chips. I was told that Intel was very clear why this happened. I think the AMD version was soon discontinued.

      Not long after, Intel was investigated for this sort of thing. When the authorities contacted this company, they were so afraid of Intel that they denied anything like this had happened to them.
      • Fortunately, if such behavior really created mispricings in chips, new PC makers would offer AMD only and intel would take a beating.
      • Re: (Score:1, Informative)

        by Anonymous Coward
        In the 80's we were using a TI DSP chip that was popular. Supplies were allocated, which meant that the TI rep visited us and told us we would only get any of them if we bought all of our digital logic chips from TI as well. It's the way the sales guys do business.
        • That's a similar scenario. May I ask a question?

          Did the sales rep tell you this before you were buying, or after you'd gone into production?
      • They developed a notebook computer. There were 2 flavors: one used an Intel low-power 386 chip, and the other an AMD low-power 286.

        Notebook? I think they were too big to be that, are you sure you don't mean suitcase computer?
        • Interesting: what are the criteria?

          As it happens one sits in my office as a dust collector. My tape measure says:

          Width: 11.25"
          Depth: 9"
          Thick: 2.25"

          I've read on-line that the weight is ~6.5 lbs.

          Larger than most notebooks of today, but still I think a notebook.
      • AMD did produce a 486 clone and it lasted for many years it just took them a bit longer because IIRC they had to reverse engineer it.

        The only reason there was competition in the PC processor market in the first place was because IBM insisted on it. As IBM lost power there was noone with the clout to pressure intel into releasing it's designs so the other manufacturers of PC processors had to switch to reverse engineering or making thier own designs.
    • IANAL, but in order to practice this kind of business I believe you have to meet certain regulations. For instance, its OK for Coke to offer a fast food joint a discount on Coke products if they buy in quantities so large that it would be foolish for them to stock Pepsi at all. While they are driving pepsi out of the market, its "under the table". However, Coke going to that same store and signing an agreement that says "only sell coke and we'll sell it to you cheaper" -- I think thats where the line is
  • by CajunArson (465943) on Thursday January 10 2008, @07:09PM (#21993058) Journal
    Andrew Cuomo is infringing on Elliot Spitzer's patented method of going after any big "bad" company (conveniently based OUTSIDE of New York to not rile up local interests) in order to get political credentials as "crusading for the people" while doing nothing to actually help anybody. Oh, and the planned Fab that AMD was going to build in New York (but is probably not going to because its market capitalization is less than the value of a new fab post-Barcelona) has absolutely nothing to do with his "heroic" interests in going after Intel.
    • Re: (Score:3, Interesting)

      To use a term from the lexicon of the average New Yorker, why don't those companies, which are based OUTSIDE of New York, politely tell the attorney general of New York to go f*** himself?
      • Re: (Score:1, Flamebait)

        To use a term from the lexicon of the average New Yorker, why don't those companies, which are based OUTSIDE of New York, politely tell the attorney general of New York to go f*** himself?

        The average New Yorker doesn't know what "lexicon", "politely" or "OUTSIDE of New York" means.

        Disclaimer: I've been to New York. I loved the people. Didn't like the atmosphere. Don't plan to go back.

        • Re: (Score:1, Funny)

          by Anonymous Coward
          We don't want you here. fucker. =)
      • To use a term from the lexicon of the average New Yorker, why don't those companies, which are based OUTSIDE of New York, politely tell the attorney general of New York to go f*** himself?

        Gerald Ford told NYC to drop dead once, and it didn't work out too well for him come 1976.

        If Intel were to decide it would rather discontinue doing business in the state of New York altogether than halt these alleged anticompetitive practices, they'd be fools.
    • Oh, and the planned Fab that AMD was going to build in New York (but is probably not going to because its market capitalization is less than the value of a new fab post-Barcelona) has absolutely nothing to do with his "heroic" interests in going after Intel
      Damn, I was just going to post something like this. AMD's been waffling on that project for over a year now. Some extra "incentive" for them to start the project, perhaps?
    • Re: (Score:3, Informative)

      If you think Spitzer didn't go after any New York based interests, you must not be paying attention [wikipedia.org]. He ended up collecting huge fines from (among others) Bear Stearns, Goldman Sachs, JPMorgan Chase, Lehman Brothers, Merrill Lynch, Morgan Stanley, and Citigroup, all of which are based in New York City.
  • Do a search on "Fishkill AMD". Enough said.
    • Do a search on "Fishkill AMD". Enough said.

      I'm pretty sure the plant is supposed to be built in Saratoga County, not Fishkill. That's what all the Albany papers have been saying, anyway.
  • I'm of course interested in breaking up the vast majority of monopolies.

    Why is a state (as opposed to a Federal unit) spending it's money on anti-trust discovery?

    It would appear to me that New York, and every other state in the Union, has more pressing issues on which to spend taxpayer money.

    • Why is a state (as opposed to a Federal unit) spending it's money on anti-trust discovery?
      Because it's a great way for an ambitious Attorney General to get his name in the papers? And isn't it strange how the folks that bring these charges always seem to have a competitor company operating within their borders.
  • you know (Score:3, Insightful)

    by nomadic (141991) <nomadicworld.gmail@com> on Thursday January 10 2008, @11:03PM (#21994986) Homepage
    This is what happens when you have a rabidly anti-regulation administration in power at the federal level; the states have to take over some of those duties.
  • Even the New York Times makes it easy to follow the political trail of crumbs. Cuomo's press release http://www.oag.state.ny.us/press/2008/jan/jan10a_08.html [state.ny.us] says he is looking for "violation of New York and federal antitrust laws". He's the attorney general of New York. What is he doing looking into federal antitrust violations? Could it be that Cuomo wants to stir up dirt for NY senator Chuck Schumer to use in senate hearings or as a bludgeon against the Federal trade Commission, which has found no rea
    • Could it be that Cuomo wants to stir up dirt for NY senator Chuck Schumer to use in senate hearings or as a bludgeon against the Federal trade Commission

      Probably not; Schumer's relationship with Albany is normally not very cordial.
      • Yes, but the New York Times article about the suit stated "Among the officials who have pushed for a federal investigation into Intel are Senator Charles E. Schumer and Representative Kirsten Gillibrand, both New York Democrats. A.M.D. has pledged to open a $3 billion factory in upstate New York that will employ 1,200 people."

        So Schumer has an interest in protecting/promoting that AMD fab and its jobs in NY, whether California-based Intel deserves the investigation or not.
  • Now might be a good time to purchase stock in paper-shredding companies.
    • Intel was no more than architect of the PC revolution than IBM or Microsoft. That title belongs to MOS. MOS because they sold a right cheap CPU, and Apple because they put together the first real consumer-friendly multipurpose computers; the Apple II and the Commodore PET. Oh yes, and let's not forget VisiCalc, which probably can be credited as much as anything with sparking the PC revolution because a) it was a pretty damned innovative idea and b) it was an instant hit with small businesses, and created
      • Grrr... fucked that up. What I meant was:

        Intel was no more than architect of the PC revolution than IBM or Microsoft. That title belongs to MOS. MOS because they sold a right cheap CPU, and Apple and Commodore because they put together the first real consumer-friendly multipurpose computers; the Apple II and the Commodore PET. Oh yes, and let's not forget VisiCalc, which probably can be credited as much as anything with sparking the PC revolution because a) it was a pretty damned innovative idea and b) it
      • The other popular consumer-friendly multipurpose computer of that period was the Radio Shack TRS-80, which ran on a Zilog chip, an improvement of an Intel design. However, these were not the first home computers. The success of the Altair and Imsai computers with Intel chips showed that the idea could actually work. (Back then, the bar for personal computing was a bit higher than now; I read a review that praised a kit for being easy to assemble, on the grounds that the reviewer only had to dig out his

      • Is anyone aware of the fact that monopolies are ILLEGAL in the United States?
    • Natural monopolies aren't morally wrong

      I don't think Natural Monopoly means what you think it means."An industry is said to be a natural monopoly if one firm can produce a desired output at a lower social cost than two or more firms" [wikipedia.org] The term you are looking for is a technical monopoly. That is a monopoly that can survive "even in the absence of legal regulations or "predatory" measures by the monopolist".

      The thing is it CAN be argued that Intel uses predatory measures. If they pay people like Micro

    • Re: (Score:2, Insightful)

      Tell that to MIPS, Motorola, Zilog, MOS, Digital, Cyrix, Rockwell....
      • by ElBeano (570883) on Thursday January 10 2008, @08:25PM (#21993844)
        Yes, Intel has a long history of anticompetitive behaviour. I've read other posts basically saying "...AMD has created their own problems" but what people seem to forget is the incredibly capital intensive (and long term) nature of the processor business. When AMD had a real performance lead with the Athlon, Intel used their monopoply position to keep them from selling to as many OEMS as they might have. This likely depressed the prices and reduced capital that could have been used to build for the future.
        • by cheezedawg (413482) on Thursday January 10 2008, @11:22PM (#21995156) Journal
          This is an incredibly naiive view to take- the industry is much more complicated than that. Here are 3 things that come to mind:
          • At its heart, the semiconductor business is a manufacturing business. In many ways, a company's ability to manufacture the chips is more important than the features of the chip itself. When the larger OEMs announce that they will require 10 million units in the next quarter with DPM of less than 500, there are only a few companies that can meet that kind of demand. Intel has spent tens of billions of dollars to build their manufacturing capabilities and keep them at the leading edge. AMD, on the other hand, has made a series of strategic blunders in this regard over the past 15 years (remember the UMC debacle?). As a result, AMD's has never been able to produce the quantity and quality of product that the larger OEMs demand, and have shut themselves out of the bigger markets. You can't blame Intel for this.
          • When the OEMs design products, there is a lot more involved than just picking the CPU. They need to build a whole platform, and problems anywhere in that supply chain will directly impact the OEMs ability to produce and sell that platform. So even if AMD had been able to supply the 10 million Athlon CPUs with the required defect rate to an OEM, would the OEM be able to get enough chipset components within the required defect rate as well? Once again, Intel took charge of its own destiny here as well by designing and making their own chipsets that are backed by the same manufacturing capabilities as their CPUs, and OEMs respond by using the Intel-branded chipsets 90% of the time.
          • The supply of the product is one thing, but the quality is another. I'm not talking about the chip's performance, but functional bugs that cause stability issues or data corruption. Slashdot likes to joke about the Pentium FDIV bug, but the truth is that bug scared the crap out of Intel, so they throw enormous resources into their CPU and chipset validation. This translates to direct value to the OEMs in the form of faster time-to-market and lower support costs. If OEMs perceive that on company is validating their products more than the competition, they are going to be more likely to chose that company's design. Remember, this goes for any component of the platform (not just the CPU!), so a flaky northbridge from VIA or NVidia could cause an OEM to drop the AMD platform in favor of Intel as well.
          In other words, even though AMD had a superior performance in the Athlon, there were other completely competitive reasons for an OEM to select Intel over AMD, and most of those are a direct result of choices that AMD made.
          • Re: (Score:2, Insightful)

            by Anonymous Coward
            I am somewhat shocked that most Slashdot posters are actually defending Intel's business practices. Especially in light of the recent OLPC news. The two stories are related. In one case Intel wants to maintain its monopoly in the industrialized world, and in the other, it wants to block competition - of a non-profit group - in the developing world.

            Intel's behavior is a textbook case of abuse of monopoly. And, yes, 90% of revenue and 75% of unit sales of a market is a monopoly.

            Intel's "incentive" program eff
          • Even by your own description, this is not entirely a result of choices AMD made. Part of the challenge is building your capacity so you can supply what OEMs need as you describe. But you have to have enough capital to do this - the variations in profit that could have been produced by the anti-competitive practices may have prevented AMD from building up the capital. Yes it's not a sure thing that they would have done it, but it does mean that these practices are worth investigating
            • It seems cheezedawg's arguments still stand well. Asserting any kind of leveraging is anti-competitive works if you make a single act or event from Intel and the OEM's as the cause for all of AMD's problems. I can't buy that. The argument that a series of decisions made over changing business conditions got Intel to where they are now is valid. To Intel's credit, they understood danger and responded to it. Just as importantly they understood their unique advantages as a company to extend their market p
          • When the larger OEMs announce that they will require 10 million units in the next quarter with DPM of less than 500, there are only a few companies that can meet that kind of demand.

            For this point to be valid it must be prohibitively expensive to launch a new product line totalling to say 1M units (something AMD definitely can ship).

            Considering that smaller OEMs do exist (10M is what the largest sell worldwide, right?), I believe this to be false. I'd like to see the numbers though.

            $10/unit must be OK for n
          • You do realize that Intel gained a lot of its manufacturing capability through questionable avenues, such as suing smaller silicon vendors then out-spending their law teams and refusing any solution other than to hand over their silicon plants, right? (eg DEC)
      • (posted anonymously because the moderator cabal still keeps me at -1)
        There might be a reason for that. A little introspective behavior is in order.

        while the token scapegoats (eg. Ley) have taken the media fall
        Ley was not a scapegoat. Other people were scapegoats for HIM but we finally got to him as well.