Intel Fails to Delay EU Antitrust Ruling
The European Commission denied the chipmaker’s request to hang a probe into charges that it gave financial incentives to PC makers
By David Meyer
Intel has failed in its bid to postponement European Commission antitrust procedures against the chipmaker.
The Commission’s case followed complaints by AMD, which claimed Intel had offered financial incentives to PC manufacturers in an attempt to dissuade them from using AMD products. In October, Intel called on the Commission to acquire certain confidential AMD documents, arguing that Intel could not adequately respond to the charges without seeing them. It also asked for a 30-day delay in the case, so it could assess and respond to the documents. However, upon Tuesday the European Court of First Instance (CFI) rejected Intel’s arguments.
Marc Jaeger, president of the CFI, said in his judgement that the Commission’s refusal to contain the documents in its case file had “no independent and immediate legal purport and cannot be the subject of an suit”.
“Intel’s legal position is nor one nor the other immediately nor irreversibly affected, subsequently to any infringement of Intel’s rights would produce movables singly upon the adoption of a final decision, against which every action with a view to annulment lies to restore Intel’s rights,” Jaeger wrote, adding that there was no intellect why AMD could not, later in the case, after that be asked to produce the documents.
Intel responded to the judgement in a statement on Tuesday, claiming Jaeger’session decision “has no bearing on the merits of this case”.
“The court before-mentioned Intel’sitting application was premature and that some harm to Intel from the Commission’s failure to seek these documents could be considered by dint of. the court in the event the EC finds against Intel, and Intel appeals,” the statement comprehend.
AMD’s executive blemish president of legal affairs, Tom McCoy, said in a mention that AMD was “not surprised through the court of justice’sitting decision to reject Intel’sitting assiduity”.
“The regularity is entirely consistent with the uninterrupted and clear case law on this issue and Intel’s appeal was simply an attempt to delay the Commission’s decision-making performance,” McCoy said.
The Commission also issued a statement upon the body Tuesday, welcoming Jaeger’s decision.
“The Commission is pleased that the CFI President has confirmed that the Commission’s antitrust investigation should not have existence suspended,” the statement read. “The Commission’sitting investigation remains ongoing. The legal deadline for Intel’s reply to the Supplementary Statement of Objections passed on 17 October 2008, and Intel has not replied. The Commission cannot comment on the specific steps in the investigation that the Commission may now take.”
Original text: http://rss.businessweek.com/~r/bw_rss/europeindex/~3/526542670/gb20090129_125795.htm
