AMD wins move to access Intel docs for antitrust probe

Posted on 22 Jun 2004 at 12:40

AMD has won its battle in the US Supreme Court to allow the European Commission to request documents from arch-rival Intel as part of its anti-competition investigation. The Supreme Court ruled 7 to 1 that US law 'authorizes, but does not require, the District Court to provide discovery aid to AMD`.

In 2000 AMD filed an antitrust complaint against Intel with the European Commission, alleging that Intel had violated European competition law. At the time, AMD suggested that the Commission might want to examine Intel documents from the period relating to the alleged offences. Even though the Commissioner turned down AMD's request, the company went to the District Court for the Northern District of California anyway to force Intel to produce the documents.

However, the District Court decided that US law did not allow such revelations to a foreign tribunal, a ruling which was later overturned on appeal. The Supreme Court has now confirmed the appeal court judgment.

AMD and the European Competition Commissioner can now return to the District Court and ask that the Intel release the 600,000 documents said to contain evidence of ant-competitive behaviour. The case will now be argued on the merits of AMD's request rather than whether it is 'legal'.

The case began in 2000 when AMD alleged that Intel was threatening 'retaliation' against companies which fitted AMD processors into their machines. Many thought that the case was unproven and would be quietly forgotten, a view reinforced when in 2002 Competition Commissioner Mario Monti is reported to have remarked that the Commission had failed to uncover any wrongdoing.

However, AMD doggedly persisted with the action and has now achieved an about face from the Commission. Earlier this month the Commission said it was reopening the case against Intel. Whether the EC actually goes back to the US District Court to get the documents it now finds itself in a position to ask for is debatable. Earlier Europe had suggested that it may not need the mountain of paper in its investigations.

Taken together, this ruling, and the recent Commission judgement against Microsoft brought by Real Networks and Sun Microsystems, may mean that more US anti-trust cases may end up being decided by Europe. Increasingly American companies who feel they aren't getting justice at home may bring their cases to Europe - along with any evidence they can uncover - in the hope of a more favourable decision.

Author: Steve Malone