August 20, 2009

Intel's ridiculous antitrust defense

The giant chipmaker claims that European regulators are violating its human rights. What a crock

Paul Ottelini: human rights victim, waterboarded and subjected to rendition. Intel's CEO is probably languishing in a dank prison in Egypt or maybe Kazakhstan. They've attached electrodes to his fingers and made him stand on a box for hours on end while female guards laughed at his genitals.

Oh, wait. That didn't happen. The European Union is using an ordinary legal proceeding to punish Ottelini's company for its allegedly monopolistic stifling of competition in the microprocessor market. That's a human rights violation? Intel says so and is using that novel -- and frankly outrageous -- stratagem as a lever to wiggle out from under a $1.45 billion fine levied by the European Commission, the EU's executive arm.

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Unlike the U.S. Justice Department and Federal Trade Commission, the Europeans have been quick to crack down on monopolies or near-monopolies like Microsoft and Intel. Can you imagine a U.S. official saying something like "Intel has harmed millions of European consumers by deliberately acting to keep competitors out of the market for computer chips for many years"? Well, Neelie Kroes, the EU's top antitrust regulator, did say it, adding, "If we smell that there is something rotten in the state, we act."

According to the EU, Intel crossed the line between legitimate, tough-minded competition and monopolistic bullying by threatening to withdraw volume discounts to computer makers, including Acer, Dell, Hewlett-Packard, and NEC, that also bought microprocessors from rival AMD. Intel also paid manufacturers to delay the launch of AMD-based computers and paid a retailer, Media Saturn Holding, to sell only Intel-based machines, the EU said. (Media Saturn operates the Media Markt chain in Germany.)

Violating Intel's rights?
Intel has consistently denied the EU's charges, as well as somewhat similar ones levied by South Korea, Japan, and the United States. That's to be expected. But with prospects on appeal not looking great, the company has challenged the legitimacy of the EU process, likening the commission to a kangaroo court and raising the spectre of human rights violation.

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DaveN 20-Aug-09 11:52am
1 reply
Regardless of the merits for or against Intel, it is absurd that an administrative agency would have the power to levy a $1.5 billion fine in any circumstances. On top of that, it seems grossly unfair to assign the powers of investigator, prosecutor, judge and jury to one person or group of people. Even if Intel is 100% guilty as charged, that guilt, and the appropriate punishment, should be decided by someone independent of the body that made the charge and prosecuted it.
Gray_Hair 20-Aug-09 1:41pm
1 reply
"Regardless of the merits"!?!? What is Intel paying you?
DaveN 20-Aug-09 2:56pm
The point I was trying to make is that some appointed bureaucrat shouldn't be able to fine anybody a billion bucks with no public trial, no judicial review, and without even having to disclose any evidence publicly. I don't care if it's Intel, Microsoft, or anybody else. IMO it's like if you and I sat around reading the tech press, met with the parties for an hour, read a letter from their lawyers, and then fined Apple a billion for unfairly competing with Zune. In the interest of full disclosure, I am an Intel stockholder. If I cash out when the market opens tomorrow, I'll be able to live like a king until the middle of Saturday afternoon : -)
DKWagner 20-Aug-09 5:06pm
If Intel has actually committed these acts, then the U.S. should censure them too. Global Corporations and government bureaucracies are two sides of the same coin - socialism. Corporations have become the new robber barons. To paraphrase Winston Churchill, "Communism is socialism with a gun at your back." In this case, the EU is wielding the gun. After donating huge amounts of money to the right places, the suits against Microsoft went away. Maybe Intel should do some charitable work in the EU.
Rob-A 21-Aug-09 7:33am
It's a crying shame the US is so scared of big corporates like Intel, but yes, in their own pitiful way the FTC are supposedly investigating Intel for antitrust, in addition to AMD's civil suit filed for the same thing. This gives Intel a window of opportunity to discredit the EU suit and hence cast doubt on the validity of either the FTC or civil suits in the US. I'm not sure the reasonably-compensated legal eagles on the Intel defense team or Mr Otellini care too much about the pathetic display of despair they are engaging in right now. Even for Intel, one of the most cash-rich companies on the face of the planet, one point five bil is a lot of anything. DKWagner, Intel has very seriously engaged in the EU goodwill bucket contributions,but apparently not sufficiently. Time for plan B. Cry foul and slam your fists on the table in utter disgust that there is anything so abhorrent as fair and open competition. Can't Neelie take a tiny slice of the $1.5B and give it to CBS? This would make a great reality show.

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