Wednesday, May 23, 2012

FTC Sues Intel

December 16, 2009 | 10:26 AM

amd-intel.jpgThe FTC said Wednesday that it is suing Intel Corp. for using its dominance in the computer chip market to harm competition and strengthen its monopoly. In the complaint, the FTC alleges Intel has "waged a systemic campaign to shut out rivals' competing microchips by cutting off their access to the marketplace."

"Intel has engaged in a deliberate campaign to hamstring competitive threats to its monopoly," Richard A. Feinstein, director of the FTC's Bureau of Competition, said in a statement. "It's been running roughshod over the principles of fair play and the laws protecting competition on the merits. The commission's action today seeks to remedy the damage that Intel has done to competition, innovation, and, ultimately, the American consumer."

The FTC's complaint alleges that Intel used threats and rewards to "coerce" computer manufactures such as Dell, Hewlett-Packard and IBM not to buy rival computer chips and used exclusive or restrictive deals to prevent computer makers from marketing any machines with non-Intel computer chips. In addition, the FTC claims Intel "secretly redesigned" key software known as a compiler to "deliberately" stunt the performance of competitors' central processing unit chips, while telling the public that the software performed better with Intel's CPUs than on their competitors' products. The complaint also alleges the firm is attempting to leverage its power to gain control over the emerging market for graphics processing units.

The commission said Intel's alleged activities violate sections of the FTC Act prohibiting unfair methods of competition and deceptive acts and practices in commerce, and the firm also engaged in illegal monopolization. The FTC is seeking an order that would bar Intel from using threats, bundled prices or other measures to encourage exclusive deals and hamper competition. The commission said it also may seek to bar Intel from "from unreasonably excluding or inhibiting the sale of competitive CPUs or GPUs."

The FTC lawsuit comes a month after Intel reached a settlement with its chief rival, Advanced Micro Devices Inc. However, Intel is still appealing a record $1.5 billion antitrust fine levied against it by the European Commission in May.

"Intel has competed fairly and lawfully," the firm said in a statement. Intel General Counsel Doug Melamed added that the firm tried to reach a settlement but the FTC "insisted on unprecedented remedies - including the restrictions on lawful price competition and enforcement of intellectual property rights set forth in the complaint that would make it impossible for Intel to conduct business." He also said the FTC rushed to file the case without fully investigating some of the facts.

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Juliana Gruenwald

Tech Writer

E-Mail: jgruenwald@nationaljournal.com.


Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


Josh Smith

Tech Reporter

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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.