Intel demands to see AMD documents in antitrust row

 

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By Barry Collins

Posted on 28 Nov 2008 at 07:58

Intel is demanding access to AMD documents as it attempts to defend EU antitrust charges.

Last year, the European Commission charged Intel with selling chips below cost and offering customers huge rebates in an illegal attempt to put AMD out of business.

That was followed up earlier this year with a second round of charges, that alleged the chip giant gave major European retailers incentives not to sell AMD-based PCs.

Intel missed a deadline to respond to the charges in October. Now, in newly-released documents, Intel claims it's being unfairly denied access to unspecified AMD documents.

"The contested decisions concern the refusal on the part of the Commission to procure, particularly from the complainant in the case, certain documentary evidence that the applicant claims to be directly relevant to the allegations made by the Commission," Intel claims.

Intel pleads that it can't reply to the charges until it's granted access to the AMD files. "The time-limit for its reply to the SSO [supplementary statement of objections] cannot start to run unless the file is materially complete; otherwise the undertaking wouldn't be able to exercise effectively its rights of defence," Intel's filing states.

Indeed, Intel is questioning the entire legitimacy of the EU's case. "The applicant argues that the contested decisions are manifestly illegal because they permit the Commission to continue with an investigation which is discriminatory and partial, and which prevents the applicant from exercising its rights of defence."

AMD effectively split in two earlier this year, with one part of the business focusing on chip design, and a separate company dedicated to fabrication.