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News Desk Intel Cuts Deal with FTC
20-page consent agreement will end the agency’s litigation against the semiconductor giant
By: Maureen O'Gara
Aug. 4, 2010 11:00 PM
Intel and the Federal Trade Commission this morning published the terms of the 20-page consent agreement that will end the agency's litigation against the semiconductor giant, which alleges the company waged a decade-long campaign to illegally stifle the competition to expand its own monopoly. The FTC said Intel stepped way over the line and moved beyond the "type of aggressive competition on the merits that we all encourage and into the realm of unfair, deceptive and anti-competitive conduct."
The agency attributed part of its glee to the fact that it got a settlement at all rather than having to continue litigating, a process that it said would have taken at least another two or three years and hollowed out any remedies that might have been achieved because of changes in the industry. The FTC regretted not having the authority to sock Intel with fines, claiming the case screamed out for financial penalties. The agency can only levy fines on violations of the agreement and then only $16,000 per violation, which it said could mount up. But even if Intel were plum reckless the FTC's dunning could probably never match the $2.7 billion Intel's already had to shell out to regulators. Although in its heart of hearts it doubtless believes that that's money well-spent it's appealing judgments in Europe and Korea. Despite SEC evidence in the last couple of weeks that Intel paid Dell $4.3 billion between 2003 and 2006 not to buy AMD chips, money Dell used to make its numbers, Intel, for its part Wednesday, shrugged off any guilt. It said in a statement that "the settlement agreement expressly states that Intel does not admit either any violation of law or that the facts alleged in the complaint are true." Intel's general counsel Doug Melamed said, "This agreement provides a framework that will allow us to continue to compete and to provide our customers the best possible products at the best prices. The settlement enables us to put an end to the expense and distraction of the FTC litigation." Intel's stock price was down all of two cents at the close of business Wednesday. AMD said nothing. It negotiated a settlement of its own antitrust suits against Intel in November and got paid $1.25 billion for its trouble. Although Intel's discounts and rebates were central to AMD's complaints, antitrust law forbids competitors to agree prices. Still, Intel's promise to abide by a "set of business practice provisions" resolved many of AMD's problems in lining up customers. It's subsequently added Sony, Dell and Lenovo, for instance, to its customer list. Anyway, Intel has been cleaning up its rebate act for the last couple of years as antitrust investigations mounted. Nvidia, which prevailed on the FTC to include graphics chips in its claims and is suing Intel for anti-competitive practices, said that while it "supports the FTC's action to address Intel's continuing global anti-competitive conduct" it's looking forward "to Intel's actions being examined further by the Delaware courts later this year, when our lawsuit against the company is heard." Nvidia didn't get everything it was after. The Computer & Communications Industry Association (CCIA), which sicced the Justice Department on IBM's mainframe monopoly, said the "ability of this settlement to achieve its goals remains uncertain. Much will depend how the enforcement mechanisms are structured....It also depends on Intel making a good faith effort to live up to the spirit of the agreement....Whether it does or not remains to be seen." By the terms of the FTC agreement - which have to survive 30 days of public and competitive comment, in other words until September 7 - Intel has to:
Intel can still match discounts; condition its discounts on quantity or minimum numbers; and stagger discounts provided the terms are in writing, a situation it claims it overlooked before and observers claim weren't in writing due to illegalities. The remedies aren't supposed to have any material impact on Intel's financial results but that of course remains to be seen. The FTC charged Intel with violating Section 5 of the FTC Act, which the agency says is broader than the antitrust laws but unlike the antitrust laws can't be used by plaintiffs seeking treble damages in private litigation. The agreement and the FTC original suit are on Intel's web site at www.intel.com/pressroom/legal. Reader Feedback: Page 1 of 1
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