Slashdot Mirror


Intel in Antitrust Trouble in Japan

vincecate writes "The Japan Fair Trade Commission has ruled that Intel violated antitrust laws in Japan. Giving customers discounts based on the volume of your products they purchased is good business. However, Intel was adjusting customer discounts based on the volume of competing products they purchased, which is not legal. After the ruling, AMD responded saying, "We encourage governments around the globe to ensure that their markets are not being harmed as well". While Intel responded saying, "Intel continues to believe its business practices are both fair and lawful."

203 comments

  1. So carrots are legal, sticks are not by grandmofftarkin · · Score: 4, Interesting
    In summary it looks like there is no problem encouraging people to use your product, it is only wrong if you threaten them when they consider using another companies product. Yes, this sounds pretty reasonable to me.

    I know very little about law in this area. Is it the same in the U.S. and Europe? I would like to think it is but then considering today's climate I wouldn't be surprised if you it wasn't!

    Oh regarding Intel's comment that it "... continues to believe its business practices are both fair and lawful.". It might just be legal in some countries but how is it fair to use your dominant position to prevent other companies from being able to compete with you? A statement like that is just a bare faced lie. If the situation was reversed you can bet Intel would kick up a fuss. I'm not saying I'm surprised it is just irritating.

    1. Re:So carrots are legal, sticks are not by Anonymous Coward · · Score: 5, Insightful

      Oh regarding Intel's comment that it "... continues to believe its business practices are both fair and lawful.". It might just be legal in some countries but how is it fair to use your dominant position to prevent other companies from being able to compete with you?

      Statements like this are not meant to be factual. They are meant to influence opinions. "continues to believe" is a phrase that should warn you that a politician or a company is lying to you. Always replace it with "persists in claiming".

    2. Re:So carrots are legal, sticks are not by Anonymous Coward · · Score: 0

      Statements like this are not meant to be factual. They are meant to influence opinions. "continues to believe" is a phrase that should warn you that a politician or a company is lying to you. Always replace it with "persists in claiming".

      Noooo, I just realized I foolishly accepted their presupposition that they have made similar claims before! There must be a hole in my tinfoil hat!

    3. Re:So carrots are legal, sticks are not by Vince+Mo'aluka · · Score: 2, Insightful
      it is only wrong if you threaten them when they consider using another companies product

      Of course, Intel did not actually threaten to initiate force against their customers (theft, fraud, extortion, murder, rape, etc). If they had, there would be no debate over the ruling. Intel only "threatened" to stop engaging in voluntary trade with their customers! Can you not see the difference here? Or were you deliberately trying to present the case as an actual threat of force?

      The fact is that Intel's customers voluntarily chose to do business with Intel, and they can voluntarily choose to end that business relationship. Can Intel choose to end the business relationship, as long as they don't break any contracts? Why or why not?

      I can and have "threatened" to quit doing business with online stores who tried to sell me damaged computer parts. Should I be charged with antitrust violations? Why or why not?

      Disclaimer: Personally I am no fan of Intel, and I buy AMD whenever possible. But I know the difference between a voluntary business relationship and on which is based on force. This isn't the mob we're talking about.

      --
      You took his stuff. You pound him.
    4. Re:So carrots are legal, sticks are not by Anonymous Coward · · Score: 0

      There are a lot of companies that offer discounts for exclusivity. The customer usually gets the discount for running the risk of this company's product being outsold by another. In US, Dell ships only Intel PCs. I am sure that they have some kind of deal going on with Intel.

      In my view, the discount is the price for exclusivity -- very much along the lines of a car dealer.

      The whole dominant market position thing does not seem too good an argument for me. If it made price/performance/perception value to the customers, the competitor would be selling a lot more, the discount by the dominant player not withstanding. -- The dominant player is in that position for a reason.

      This is different from what Microsoft did, by cross-subsidizing products. But, look at HP -- they are subsidizing PCs with profits from printers. IBM has historically sold PCs on a loss, either supported by enterprise systems profits, or by global services. All these practices are being considered bad, only when they are successful. It is very prevelant in industry.

    5. Re:So carrots are legal, sticks are not by Anonymous Coward · · Score: 0

      But then again, after careful examination my tinfoil hat appears to be OK. I'll keep you posted about any further developments.

    6. Re:So carrots are legal, sticks are not by jackb_guppy · · Score: 3, Insightful

      You are using Voluntary very loosely.

      Intel when up from 78% to 89% of the market.

      Now the bases is same as Microsoft did to PC here in the US; "If you sell the others products, we will NOT give you money".

      What is large market share in your business, if you sell another's products, you loose money that makes you profitable.

      That is MOB (as in the market) talking.

    7. Re:So carrots are legal, sticks are not by Qzukk · · Score: 4, Insightful

      I can and have "threatened" to quit doing business with online stores who tried to sell me damaged computer parts. Should I be charged with antitrust violations? Why or why not?

      Of course not, A) damaged goods are not an acceptable good and B) You're the buyer, you can do what you want anyway.

      Now lets say you go to the computer store and the manager says "You own an AMD, so that video card in your hand will cost double" would you call that a fair trade practice? If they're the only computer store in the country?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    8. Re:So carrots are legal, sticks are not by bechthros · · Score: 3, Insightful

      Economic coercion is still coercion. If Intel made better chips, they wouldn't need to cut off the competition's balls. If economic coercion becomes accepted as standard business practice, it will be VERY detrimental to marketplace competition (which is to say, competition based on the merit of the actual product and not consumer loyalty) and therefore VERY detrimental to real Capitalism.

      Film at 11.

    9. Re:So carrots are legal, sticks are not by Vince+Mo'aluka · · Score: 1, Insightful
      You're the buyer, you can do what you want anyway.

      Aha, so there's a double standard? If I'm reading this correctly, the buyer is entitled to voluntary association but the seller is not? Does this apply only to big business or would it apply to (for example) a private sale of a used car?

      "You own an AMD, so that video card in your hand will cost double" would you call that a fair trade practice?

      Sure, I'll put my money where my mouth is. Yes, that is fair business practice. Whether it's smart business is another matter, but fair, yes. Why is it fair? Because the transaction (or lack thereof) is still engaged voluntarily. Why is voluntary association fair? Because human nature says so.

      If they're the only computer store in the country?

      Not likely -- hell, impossible -- in a free market scenario, but I'll bite anyway: yes, it's still fair (I prefer the less-ambiguous term "voluntary"). Of course, Japan's economy is not a free market (neither is the US -- not even close), so there's a worm in the apple right from the start. (I define a free market as one in which government is authorized only to protect against force, not one in which government is authorized to be the aggressor itself, as in today's world.)

      --
      You took his stuff. You pound him.
    10. Re:So carrots are legal, sticks are not by qkslvrwolf · · Score: 3, Insightful

      Of course, Intel did not actually threaten to initiate force against their customers (theft, fraud, extortion, murder, rape, etc). If they had, there would be no debate over the ruling. Intel only "threatened" to stop engaging in voluntary trade with their customers! Can you not see the difference here? Or were you deliberately trying to present the case as an actual threat of force? The fact is that Intel's customers voluntarily chose to do business with Intel, and they can voluntarily choose to end that business relationship. Can Intel choose to end the business relationship, as long as they don't break any contracts? Why or why not?
      This is like saying that my boss could tell me that I have to have sex with them, or I lose my job. There is no violence being threatend; only a mutually "consenual" adult relationship. I volutarily took the job, right? Yes, I do view monopolistic practices as the free market equivilant of rape, and no, that doesn't make me wierd.

      --
      Or have you only comfort...that stealthy thing that enters the house and guest then becomes host, then master - KG
    11. Re:So carrots are legal, sticks are not by Vince+Mo'aluka · · Score: 1

      The term "voluntary" cannot be used loosely: any interaction between two human beings MUST be one of either voluntary association or force. Moreover, the line between force and voluntary association is the only constant by which human beings can judge right from wrong -- anything else is inherently arbitrary by human nature. There are very few cases where the mode of a human interaction (voluntary or force) is up for debate, and these mostly involve young or mentally-handicapped individuals interacting with mature individuals.

      --
      You took his stuff. You pound him.
    12. Re:So carrots are legal, sticks are not by Anonymous Coward · · Score: 0

      "Moreover, the line between force and voluntary association is the only constant by which human beings can judge right from wrong"

      Um, no. False. This is a myth.

      We don't get to define what is right or wrong. We only get to choose what we believe is right or wrong. If we are honest with ourselves the line between right and wrong is neither arbitrary, nor entirely based on force vs voluntary association.

    13. Re:So carrots are legal, sticks are not by Vince+Mo'aluka · · Score: 1
      Economic coercion

      Coercion requries aggression. Where is the aggression? Where is the theft, fraud, extortion, or physical force? All I see is voluntary association -- a threat to voluntarily end a voluntary relationship.

      I think what you meant to say was "economic pressure". Coercion requires an act of force. You ought to just say what you really mean, instead of trying to justify it by re-defining voluntary association. I think what you really meant to say is that government knows better how to run a business than the business owners themselves, and therefore government should interfere by force.

      Of course, Intel didn't achieve their market share entirely through voluntary association -- this is nearly impossible where a free market doesn't exist (and it doesn't, not even close). They exploited the force of government, just like any other business which operates in a non-free market. Once again, the root of the problem is government.

      --
      You took his stuff. You pound him.
    14. Re:So carrots are legal, sticks are not by Anonymous Coward · · Score: 0

      One great fault in your assumptions (insofar as you use them in this current duscussion) is that force must be physical and immediate to count as force.

      Intel would "force" the company out of business if they bought AMD.

      I think that counts as force.

    15. Re:So carrots are legal, sticks are not by Vince+Mo'aluka · · Score: 1
      A boss that makes such a demand gets what he deserves: the entire story revealed to the public (or to the higher-ups), and the consequences thereof.

      And, did you actually claim with a straight face that "monopolistic practices" (hell, let's raise that to actual theft, fraud, or extortion) are equally as immoral and unjust as rape? Sure, theft is immoral, but equivalant to rape? Are you out of your mind?

      --
      You took his stuff. You pound him.
    16. Re:So carrots are legal, sticks are not by QMO · · Score: 1

      "The whole dominant market position thing does not seem too good an argument for me"

      Not even if one company has enough dominance to force yours out of business, by raising their prices to you, if you don't use them exclusively? There are some companies in some markets that have that kind of dominance.

      --
      Exam 4/C again. Maybe I'll do better this time.
    17. Re:So carrots are legal, sticks are not by Vince+Mo'aluka · · Score: 1
      If human beings (i.e. human nature) cannot define what is right or wrong behavior for human beings, then what possibly can?

      I'll show you a myth: The idea that an arbitrary majority of less than 99.99999% (or some "representative" acting on behalf of an arbitrary majority) is what defines right and wrong.

      --
      You took his stuff. You pound him.
    18. Re:So carrots are legal, sticks are not by Anarke_Incarnate · · Score: 1

      I have a feeling you would not make it far as a lawyer. You are replacing the legal meaning of words with your own interpretation of them. I commend you on how well you have been educated by the current regime.

    19. Re:So carrots are legal, sticks are not by Vince+Mo'aluka · · Score: 1

      According to your own arbitrary definition. Not according to human nature (the zero-aggression principle). Just what do you think AMD would say about such a buyout? "Yes, we voluntarily accepted the deal, but it's still an initiation of force on Intel's part?" Come on now.

      --
      You took his stuff. You pound him.
    20. Re:So carrots are legal, sticks are not by suranyip · · Score: 1

      Now lets say you go to the computer store and the manager says "You own an AMD, so that video card in your hand will cost double" would you call that a fair trade practice?

      Isn't this exactly what is happening with people owning Macs? :-)

    21. Re:So carrots are legal, sticks are not by qkslvrwolf · · Score: 1

      "free market equivilant". Theft in the free market is charging to much for something and getting away with it. Like, say, Apple Itunes. (speaking of which, it would be cool if someone did an experiment where they sold DRM'd music for 50 cents, and non-DRM'd music for a dollar to see which one sold more, but I digress). Rape in the free market is forcing a company to prostitute themselves to your company in order to keep making a profit. So yeah, I'm saying it with a straight face. The key is in the metaphor. As far as I'm concerned, most modern buisness practices are immoral. To me, competing on any grounds besides convincing people you have the best product is immoral. So yeah, I'm an idealist. But heres the thing: life for everyone gets better in proportion to the number of ideolists around and in power.

      --
      Or have you only comfort...that stealthy thing that enters the house and guest then becomes host, then master - KG
    22. Re:So carrots are legal, sticks are not by Anonymous Coward · · Score: 0

      Aha, so there's a double standard? If I'm reading this correctly, the buyer is entitled to voluntary association but the seller is not?

      Well, yes. Anti-discrimination laws prohibit companies from voluntary disassociation if that disassociation is based on certain grounds. While it is not exactly the same thing as this case, there is certainly a legal precedent for telling companies that they are not allowed to discriminate against certain types of customers. This ruling merely expands the usual definition (race, religion, sexual preference, etc.) to include consumer groups.

      As to whether this fits your definition of fair, it seems to be a bit gray. I assume you wouldn't support Intel charging $SPECIFIC_ETHNIC_GROUP more simply b/c they are a member of that group, even though it is voluntary? The question becomes, what is acceptable discrimination and what is not? Different people will draw the line in different places.

    23. Re:So carrots are legal, sticks are not by Anonymous Coward · · Score: 0

      Vince, please stop posting in this thread and just read. You are a babbling idiot (on this topic anyway).

    24. Re:So carrots are legal, sticks are not by Anonymous Coward · · Score: 1, Insightful

      You are missing the parents point.. he talking about intel buying out AMD, he means if a computer distributor bought AMD then Intel would force the computer distributor out of business. The only reason that Intel could do such a thing is because they are the dominant player in the market.

      Fair market implies that the products compete based on their merits. This ensure prouct innovation and is the best result for consumers. Any other practices to hinder competition are fundementally less beneficial to everyone except the winning company.

    25. Re:So carrots are legal, sticks are not by ultranova · · Score: 1

      According to your own arbitrary definition. Not according to human nature (the zero-aggression principle).

      The zero-aggression principle ("No human being has the right -- under any circumstances -- to initiate force against another human being, nor to threaten or delegate its initiation") is both arbitrary and contrary to human nature. After all, thorough history, aggression has been the constant companion of mankind. Don't take my word for it - go and read a history book. You'll see that it reads as a series of wars, with descriptions of participants between them.

      Why are you preaching your arbitrary philosophy and claiming it is the human nature, when it clearly is not ?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    26. Re:So carrots are legal, sticks are not by Vince+Mo'aluka · · Score: 1
      I have a feeling you would not make it far as a lawyer. You are replacing the legal meaning of words with your own interpretation of them.

      Precisely. The only law I believe in and consider myself morally obligated to follow is the zero-aggression principle. I do obey the arbitrary laws of government however, but only because government holds the unique "right" to initiate force as a means to an end (in other words, I have no choice but to obey government). But you're right of course, I would probably never make it as a lawyer in today's society because I don't believe in the arbitrary laws of government. (Unless I focused exclusively on the few laws which actually uphold the zero-aggression principle.)

      I commend you on how well you have been educated by the current regime.

      You sure that comment wasn't supposed to be posted in another thread? The current regime stands for everything BUT the zero-aggression principle.

      --
      You took his stuff. You pound him.
    27. Re:So carrots are legal, sticks are not by morleron · · Score: 1

      I wonder if MS might be the next in line for this sort of thing? After all, it's been shown repeatedly that they use the threat of cutting off supplies of their products if a manufacturer even thinks about putting non-MS approved software on as part of a preload. Maybe some of our Japanese Slashdotters could point this out to their government. It would be wonderful to see MS be declared a criminal organization is yet another country.

      Just my $.02,
      Ron

      --
      Impeach Barack Obama for violating the Constitutional requirement to be a "natural born" citizen to hold the office of P
    28. Re:So carrots are legal, sticks are not by Vince+Mo'aluka · · Score: 1
      Anti-discrimination laws

      The only law I believe in is the zero-aggression principle. Discrimination is not aggression; it is simply human nature. The act of refusing to associate with another person is an example of voluntary association (or lack thereof), not aggression. It may be unpopular, or untasteful, but it is not aggression.

      I assume you wouldn't support Intel charging $SPECIFIC_ETHNIC_GROUP more simply b/c they are a member of that group, even though it is voluntary?

      I wouldn't consider it an example of aggression. Bad business, yes, but not aggression. In a sufficiently free society, bad business practices dig their own grave.

      --
      You took his stuff. You pound him.
    29. Re:So carrots are legal, sticks are not by Anonymous Coward · · Score: 0
      I wonder if MS might be the next in line for this sort of thing? After all, it's been shown repeatedly that they use the threat of cutting off supplies of their products if a manufacturer even thinks about putting non-MS approved software on as part of a preload.

      I'm pretty sure they were all ready caught doing this and that it was part of the most recent consent decree.

    30. Re:So carrots are legal, sticks are not by Anonymous Coward · · Score: 0
      But heres the thing: life for everyone gets better in proportion to the number of ideolists around and in power.

      That depends on the kind of idealist. For example, members of the KKK are idealist.

    31. Re:So carrots are legal, sticks are not by Vince+Mo'aluka · · Score: 1
      life for everyone gets better in proportion to the number of ideolists around and in power

      Wrong, life gets better for YOU in that case. Don't try to tell me what I think. For me, and others who believe in the same principles, you're pulling us in the car and taking us down the road to hell. But that is the one common trait that all statists share (those who believe in using force as a means to an end) -- they actually believe that their little vision of the world is grand enough that it should be forced on everyone else, regardless of their beliefs.

      For me, life gets better as the amount of power decreases. It doesn't matter worth a damn who's in power -- what matters is that power exists and will be abused. The less of it, the better.

      --
      You took his stuff. You pound him.
    32. Re:So carrots are legal, sticks are not by GreyWolf3000 · · Score: 1

      He means that "zero-aggression" is all that the government needs to do to keep human nature in check--the rest will be solved by different interests competing with eachother.

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    33. Re:So carrots are legal, sticks are not by GreyWolf3000 · · Score: 1
      Unfortunately, most Slashdotters cannot expand their mind beyond the left-right political dichotomy, where they can quickly attribute any injustice to "the other camp."

      I would commend the grand-parent on how well he has been educated by the current regime as well--and by that I mean the corrupt two-party system.

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    34. Re:So carrots are legal, sticks are not by Vince+Mo'aluka · · Score: 1
      Let's take a hypothetical poll. Can you actually sit there and claim, with a straight face, that there could be any less than a 99.99999% majority who agree with this:

      No human being has the right -- under any circumstances -- to initiate force against another human being, nor to threaten

      Realistically, the only individuals who would disagree with that are mentally ill. Even thieves, murderers, and rapists admit that they were wrong to commit their crimes, or at least admit that they wouldn't accept being a victim themselves (which is really the same thing as admitting they were wrong to commit the crime). That's the human nature part.

      nor to delegate its initiation

      This is where it gets ugly. Logically, if a person has no right to initiate force as a means to an end, then he has no right to delegate that ability to another person on his behalf. BUT, the widespread disease of statism has instilled in people a general belief that if enough people get together (a majority), then they DO somehow acquire the "right" to initiate force as a means to an end (to ignore the zero-aggression principle). Much like a thief who knows that stealing is wrong, but somehow convinces himself that it's justified because he "needs it".

      aggression has been the constant companion of mankind. Don't take my word for it - go and read a history book. You'll see that it reads as a series of wars, with descriptions of participants between them.

      Good observation, but you forgot the correlation: centralized power, acting on behalf of its "right" to initiate force as a means to an end, is behind every single one of those atrocities. This doesn't prove that aggression is moral and just; it only proves that centralized power is guaranteed to result in aggression.

      Why is the zero-aggression principle a product of human nature? Because none of us naturally accepts being a victim (except perhaps the mentally ill). Every single one of us knows it's wrong to be the victim of theft, fraud, murder, or rape. Nobody has to tell us this: we know because we are human beings. The question is whether we can put our money where our mouths are (obviously, judging by the proliferation of statism, most people can't).

      --
      You took his stuff. You pound him.
    35. Re:So carrots are legal, sticks are not by GreyWolf3000 · · Score: 1
      OT, so I'm disabling karma bonus.

      You are using Voluntary very loosely.

      Emphasis mine.

      Thank you. Thank you thank you thank you thank you thank you. Thank you so much. Thank you on Tuesday. Thank you on Wednesday. Thank you in the morning. Thank you at night.

      Thank you, sir, for spelling "loosely" correctly.

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    36. Re:So carrots are legal, sticks are not by AK+Marc · · Score: 1

      If I'm reading this correctly, the buyer is entitled to voluntary association but the seller is not?

      That is correct. As a buyer, you are free to not patronize businesses owned by black people because they are black. As a seller, you are not free to refuse service to black people because they are black. These rules have been in place for years in the US.

      Additionally, this isn't a "free association" issue, but is an antitrust issue. If you had the dominant product and refused to do business with anyone that did business with the competition, you could crush your competition. That is the general idea (though more severe) behind what Intel is doing. It would arguably be legal if they weren't a near-monopoly, but obviously abuse of monopoly power.

    37. Re:So carrots are legal, sticks are not by Anonymous Coward · · Score: 0

      I know what you mean. I can't stand those loosers who don't know how to spell. It's refreshing that some people haven't loosened that ability.

    38. Re:So carrots are legal, sticks are not by Fillymon · · Score: 1

      There are reasons why we do not have a fully free marketplace that allows monopolies (for the most part)to exist in the US. Intel can use their market dominance to force smaller companies AMD out of business by shaky ethical practices like that mentioned in this article. After AMD closes up shop because they can no longer compete with Intel, there is nothing to stop Intel from blatant price gouging. Why? Because there isn't any competition left. If you want a processor for your PC, you have to buy an Intel. And that is just the tip of the iceberg. After competition sucedes, there are no longer any motivating factors present to keep the Intel research team at work developing faster and better processors--why spend money on research when everyone has to buy your product anyway? There's no competition, therefore there will never be a better competing product. This retards the advancement of society as a whole. This is why the gov't regulates this sort of thing.

      --
      P.S. - This is what part of the alphabet would look like if Q and R were eliminated.
    39. Re:So carrots are legal, sticks are not by Fillymon · · Score: 1

      There are reasons why we do not have a fully free marketplace that allows monopolies (for the most part)to exist in the US. Intel can use their market dominance to force smaller companies (AMD) out of business by shaky ethical practices like that mentioned in this article. After AMD closes up shop because they can no longer compete with Intel, there is nothing to stop Intel from blatant price gouging. Why? Because there isn't any competition left. If you want a processor for your PC, you have to buy an Intel. And that is just the tip of the iceberg: After competition secedes, there are no longer any motivating factors present to keep the Intel research team at work developing faster and better processors--why spend money on research when everyone has to buy your product anyway? There's no competition, therefore there will never be a better competing product. This retards the advancement of society as a whole. This is why the gov't regulates this sort of thing.

      --
      P.S. - This is what part of the alphabet would look like if Q and R were eliminated.
    40. Re:So carrots are legal, sticks are not by romeo_in_blk_jeans · · Score: 1

      "Why is it fair? Because the transaction (or lack thereof) is still engaged voluntarily." What about blacks sitting at the back of the bus? That was a voluntary transaction too. If you are black and you want to ride the bus, you have to sit at the back. If I can take a real life example, apply your logic to it, and come up with some cockeyed conclusion, that means the logic is skewed. In other words, you're wrong and you have no concept whatsoever of what "fair" is.

    41. Re:So carrots are legal, sticks are not by Anarke_Incarnate · · Score: 1

      You assume too much. I neither hold stock in a 2 party system, nor do I implicitly support one. I believe that there should not be federal matching funds and I believe that there should not be primary nominations to recieve bids. I think that the government should not have a damn say about anything a party is or does.

    42. Re:So carrots are legal, sticks are not by ultranova · · Score: 2, Insightful

      Let's take a hypothetical poll. Can you actually sit there and claim, with a straight face, that there could be any less than a 99.99999% majority who agree with this:

      I try to avoid answering such questions, since any numbers I could come up would be pure guesses, and guesses aren't valid arguments. Nor do I think it's my place to speak for people I've never even heard of.

      No human being has the right -- under any circumstances -- to initiate force against another human being, nor to threaten

      Realistically, the only individuals who would disagree with that are mentally ill.

      I have to disagree you on this. This principle is based on the unvoiced assumption that the only way other people can harm or coerce you is by using force. This assumption is incorrect; you can be harmed or coerced by denying you access to resources as well.

      Let's take an extreme example: a man is starving to death before the gates of palace owned by a rich man, who feasts all day and night. The starving man can get no job (and thus no money and thus no food), since the rich man, through clever (and completely non-violent) manipulation of local economy has concentrated all wealth to himself. What will the starving man do ? Will he gather a mob of other starving men, raid the rich man's palace, and get something to eat ? Or will he follow the zero aggression principle and starve to death - after all, the rich man hasn't used force ? Can you actually claim, with a straight face, that the rich man is not doing anything wrong, but the starving man would be wrong if he did what he had to to survive ?

      And if this example seems extreme to you, well, that's what the conditions were like for most of human history. A few controlled all the wealth and the rest got whatever scraps fell from their table. What's changed is that nowadays, at least in the industrial countries, there's enough wealth that even scraps make a comfortable living.

      Even thieves, murderers, and rapists admit that they were wrong to commit their crimes, or at least admit that they wouldn't accept being a victim themselves (which is really the same thing as admitting they were wrong to commit the crime). That's the human nature part.

      Since we are talking about murderers, thieves and rapists (althought personally, I think it's absurd to file thieves (as opposed to muggers) with rapists and murderers) answer me this: would you accept being locked into a prison for the rest of your life ? If not, then doesn't it logically (by your own logic) that locking up rapists and murderers is wrong ?

      This is where it gets ugly. Logically, if a person has no right to initiate force as a means to an end, then he has no right to delegate that ability to another person on his behalf. BUT, the widespread disease of statism has instilled in people a general belief that if enough people get together (a majority), then they DO somehow acquire the "right" to initiate force as a means to an end (to ignore the zero-aggression principle).

      Which gets us right back to the question of whether the zero-aggression principle is absolutely correct in all conceivable circumstances. I claim that it isn't, since it ignores the possibility of using resource starvation as a tool for extortion, and believes only force can be used in this way.

      Furthermore, if you've suffered a wrong, what are your options ? Either you simply ignore it and get wronged again since obviously anyone can do so without fear of repercussions, or you take revenge and possibly start a bood feud between your family and the wrongdoers one, or you let society take vengeance for you.

      If society as a whole doesn't have any rights its each individual member doesn't have, then society is powerless to stop blood feuds; either it has no power to take vengeance on the injured party's behalf, or it has no power to

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    43. Re:So carrots are legal, sticks are not by Qzukk · · Score: 1

      The only law I believe in is the zero-aggression principle

      And yet you see no aggression in raising prices against a portion of society sliced in any arbitrary manner? Do you define aggression by any sane standard or do you only count sticks and stones?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    44. Re:So carrots are legal, sticks are not by Anonymous Coward · · Score: 0

      Not exactly, no. Now, if the mac video card was more expensive because you have an eeeeviiilll 386 sitting in your closet you forgot about, that would be the same.

      Mac stuff costs more because its mac stuff ;)

    45. Re:So carrots are legal, sticks are not by GreyWolf3000 · · Score: 1
      It looked to me like you assumed that the original-original parent (eek, this gets ugly, doesn't it?) holds a staunchly Republican view of economics and free markets. His view is held by many other groups, notably Libertarians. The current Republican party does not try to indoctrinate us any of the values he was talking about (i.e. we need a truly free market to keep human nature in check, and only use the government to maintain order). The Republican party values are more "lets give tax breaks to, and ease restrictions on, big companies, to provide incentives for the creation of jobs."

      A decidedly different approach, similar to the argument Communists make about how 20th century Communist regimes have perverted and ruined true "communism."

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    46. Re:So carrots are legal, sticks are not by bechthros · · Score: 1

      "Coercion requries aggression."

      God, I'm so tired of this tactic. Replace the words all you want, man... That's fine. I'll play this game and I'll win. Allow me to rephrase.

      Economic agression is still agression. How did they agress, you ask? Well, let's see. When they made people who, as consumers, chose to exercise their ability to make choices about what product to buy on it's merit as a product (which, last time I checked, is what responsible Capitalistic consumers are supposed to do), and, in the course of exercising said legally protected ability chose to buy products from Intel AND AMD, neither exclusively over the other, subject to higher prices had they also bought product from their main competitor, they agressed against both said competitor AND their own consumers simultaneously.

      Don't think this is economic agression? Picture this. You go to Taco Bell on Monday, get your usual order, eat and leave. On Tuesday, you go to Burger King, or McDonald's, or Applebee's, or any other restaurant. And you get charged double price because, as a consumer of food, you chose to not limit yourself exclusively to one food outlet. Because sometimes you like a Chalupa and sometimes you like a nice chef salad. But now you're being denied the ability to pay what other consumers are paying simply because you were being you and eating what you wanted to. How would you feel then? Seemingly, were you to apply your own arguments to yourself in this situation, you would either choose to eat at Taco Bell the rest of your life or forsake fast food and restaurants altogether. Get it yet?

      How 'bout this one. You see ad in in the paper that K-Mart has shower curtains on sale on Monday, so you go and buy one, since you need a shower curtain and they have the cheapest one. Then you see a commercial on TV that Target has a sale on bathmats, so, since you need a bathmat also, you go to Target. But Target has decided that since you bought your shower curtain from K-Mart not only are you ineligible for the sale price, you have to pay DOUBLE the normal retail price. Walmart says the same thing, and K-Mart doesn't have any cheap bathmats. You can't honestly say you wouldn't feel just a little bit annoyed at this situation. Would you just end you "voluntary association" with all these retailers?

      Can you not see that the logical extention of that argument is you living in a house that you built yourself, with a toaster, furniture, etc that you made with your own hands?

      Do you really think this is Capitalism?

      "Coercion requires an act of force."

      Mmm. Economic force is still force. Use whatever term you want, you can't escape that for every physical type of harm there is an equivalent economic one.

      "I think what you really meant to say is that government knows better how to run a business than the business owners themselves, and therefore government should interfere by force."

      First of all, where is the force? Did the government steal from, murder, or rape Intel?

      Second of all, you done thunk wrong, boy. Thanks all the same for the words you so helpfully put in my mouth. I can understand how it's much easier for you to respond to what you think I said rather than the very clear words in black and white on your screen. After all, rationality and reason aren't in your script, they're not something you can have canned reponses handed to you by the Corpo-fascist elite for. Sucks to be you, eh?

      But then, this isn't about you. This is about Intel, about AMD, and above all, about the CONSUMER, without whom Capitalism would not exist. Or are you anti-Capitalism?

      No, since you appear to be interested in what I think, I'll let you know. What I really mean to say, Vincent, is that when companies cross the line from product- and service-based (which is to say, MERIT-based) competition into ball-cutting and illegal exploitation of near-monopoly status in the marketplace, especially when they know going into the

    47. Re:So carrots are legal, sticks are not by bechthros · · Score: 1

      "You took his stuff. You pound him."

      Yeah, let's hear it for zero-agression! Woo, zero-agression!!!!1111one!

    48. Re:So carrots are legal, sticks are not by jackb_guppy · · Score: 1

      It was spelling mistake!!! I swear it was only a mistake.

    49. Re:So carrots are legal, sticks are not by Anarke_Incarnate · · Score: 1

      Not exactly. It seemed to me that the lack of interest of late in education and actually being scholarly was a problem with his ability to form more concise thoughts and think things through in a less "Me centric" way. It was less to do with Republican vs Democrat vs Libertarian. I share beliefs held by all three of the above and consider myself none of the above.
      I also consider the argument against 20th century regime socialism is not true communism as well as that Marx did not formulate communism as it has existed for centuries before his birth.

    50. Re:So carrots are legal, sticks are not by Vince+Mo'aluka · · Score: 1

      It's a funny quote from a movie, Sherlock.

      --
      You took his stuff. You pound him.
    51. Re:So carrots are legal, sticks are not by bechthros · · Score: 1

      OK, so it's from a movie. It was still something you thought was so relevant and significant to you personally that you chose to use it in your sig, while simultaneously talking about "zero-aggression". Cognitive dissonance, I think they call it...

  2. What!? by kunwon1 · · Score: 5, Funny

    Intel? Antitrust!? I don't believe it! I'd sooner believe that Linus Torvalds switched to a new OS!

    --
    Specialization is for insects. -Heinlein
    1. Re:What!? by Anonymous Coward · · Score: 0

      Sorry to disapoint you, but he hasn't. RTFA.

    2. Re:What!? by strider44 · · Score: 1

      lol, I wouldn't. You say that as if Linus doesn't still use linux.

      Sheesh - I don't even know why that even got reported - Linus got a computer for free and he's actually using linux on it!

    3. Re:What!? by vistic · · Score: 1

      new architecture (Mac with PowerPC)? not a new os (still linux only)...

  3. Hey Intel... by BackInIraq · · Score: 3, Interesting

    ...see that fine line between shrewd business practices and predatory, monopolistic racketeering?

    See how you and Microsoft are on the same side of it?

    That's a bad thing.

    1. Re:Hey Intel... by Bralkein · · Score: 4, Insightful

      Are you really surprised? Intel and all large corporations exist to make their organisation more valuable. They all push the law just as far as they think they can get away with... but this time, they judged wrong. I'd love to know about all of the dodgy shit that even fairly reputable organisations get up to, because I suspect there's an awful lot more of this stuff going on than your average person knows about.

      I always think of it like this: they're not immoral, they're amoral. They just don't care about right or wrong, they can't afford to, because that's how the system works. I'm glad that they got caught, and I think we need much more government constraints put in place and have them actively enforced to prevent things like this from happening.

      Of course, for that to happen, I'd need to buy myself a politician or two... and I'm only a poor student... care to give me a donation anyone? ;)

    2. Re:Hey Intel... by Anonymous Coward · · Score: 0

      I would donate, but I know that you would be just the same as soon as you got my money. (Don't take it personally.)

  4. Give me a rational reason why this is a problem? by Saven+Marek · · Score: 0, Redundant

    Can someone tell me honestly what's wrong here? Intel are the ones who have control over their product. They get to sell their products and define how much it sells for. Why are governments getting involved?

    Obviously if a company is buying more of a competitor's products then they're buying less of yours, so your own are more expensive to them because they are buying in lower quantities. that is simple grade school economics.

    Having governments butt their noses in like this only forces lowest commen denominators to win and means someone could come along and sell a piece of cheese as a CPU and anyone who tries to sell a real CPU could get labelled a monopoly.

  5. Standard PR response by Anonymous Coward · · Score: 5, Insightful

    While Intel responded saying, "Intel continues to believe its business practices are both fair and lawful."

    That's how PR hacks are taught to respond. When, for example, your CEO is stealing money, your PRish role is to go out and with a straight face say: "The core Value of our company is Honesty. We will introduce a Business Codex to emphasize our commitment."

  6. Obligatory by m50d · · Score: 1, Funny

    Computer manufacturers are already being sued in anti-trust cases...in Ja- oh, never mind

    --
    I am trolling
  7. It seems a bit harsh by Phidoux · · Score: 2, Insightful

    but then again, if Intel wants to do business in Japan, I guess they should also abide by the rules. I'm sure AMD are happy.

    1. Re:It seems a bit harsh by Anonymous Coward · · Score: 0

      It seems a bit harsh?

      So if Microsoft started charging your company double for Windows licences because they'd found out that you had a Mac on the premises, you'd be OK with that right?

  8. Woo! by Anonymous Coward · · Score: 5, Funny

    Does this mean that we get to start referring to Intel as a "convicted monopolist" in every /. article about the company, just like we do for Micro$oft??

    That's awesome!

    1. Re:Woo! by Anonymous Coward · · Score: 0

      So which judge convicted them, hmm? Hmmm? Hmmmmmm?

    2. Re:Woo! by japhmi · · Score: 1

      Does this mean that we get to start referring to Intel as a "convicted monopolist" in every /. article about the company, just like we do for Micro$oft??

      Well, I'd at least wait until a conviction comes down ;-) Accused != convicted.

      Oh, and they'd have to be told by the courts that while what they were doing was wrong, that they could keep on doing it.

      --
      "Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
  9. Re:Give me a rational reason why this is a problem by dhbiker · · Score: 5, Insightful

    I think you missed the point slightly, it goes something like this:

    Intel: "if you buy 1 chip it costs $500"
    Intel: "But if you buy 10 it costs $450 per chip"
    Intel: "If company X wants to buy 10 then it will cost them $480 per chip because we found out they bought an athlon chip last week"

    THAT is not on!!

  10. Re:Give me a rational reason why this is a problem by Hinhule · · Score: 0

    What I think was the case here was this.

    2 vendors sell x amount of intel CPUs.

    1 vendor only sells intel
    1 vendor sells intel and another brand in equal amounts.

    The intel only vendor gets a bigger discount.

  11. Intel in Antitrust trouble... in Japan! by Anonymous Coward · · Score: 3, Funny

    Intel in Antitrust trouble... in Japan!

    The meme works.

    1. Re:Intel in Antitrust trouble... in Japan! by Anonymous Coward · · Score: 0

      In South Korea, only old people use memes.

  12. Guess they just didn't know. by NoMercy · · Score: 0

    Ignorance isn't an excuse, but we do live in a world where if you pick up a catalog to order things, there's a price for 1-25, a price for 25-50 and a price for 100+, the more you buy the cheeper you get what you want.

    Kinda a fundamental principle of the wholesale system, I can see how it would cause companies to keep the extra money off and not drop there intel orders and buy alternative parts, but then intel prices are rather high to start with, switching to most things would probably not cost much.

    1. Re:Guess they just didn't know. by dkf · · Score: 1

      There's no problem for anyone with offering cheaper prices for people who buy larger quantities of your own product (as long as you're allowing anyone who buys in those quantities to get those prices, of course). But that's nothing to do with the case reported. Offering cheaper prices to people who buy larger quantities of a competing product is wrong.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    2. Re:Guess they just didn't know. by eric76 · · Score: 2, Interesting
      we do live in a world where if you pick up a catalog to order things, there's a price for 1-25, a price for 25-50 and a price for 100+, the more you buy the cheeper you get what you want.

      More to the point, we don't live in a world where one usually sees the price depend on how few of the competitor's product you bought instead of how many you bought from them.

      For what it's worth, there have been rare occasions when buying more of an item might lead to higher per unit prices.

      One example involved Sony when they first started out. According to an article in one of the business journals about 20 years ago (I think it was Forbes), when Sony showed their transistor radios to one big chain, the chain asked for many more radios than Sony expected. The price Sony quoted was higher per radio than the price they quoted for a much smaller quantity of radios. The buyer from the chain was very surprised and asked why. Sony said that with an order that big, they would have to build a bigger factory to produce them and they would have to earn enough to help pay for additional production capability.

    3. Re:Guess they just didn't know. by Jedi+Alec · · Score: 1

      Offering cheaper prices to people who buy larger quantities of a competing product is wrong.


      Not to mention stupid ;-) So if I buy my Athlons in bulk i can get cheap Celerons? Point's valid tho, but the other way around.

      --

      People replying to my sig annoy me. That's why I change it all the time.
    4. Re:Guess they just didn't know. by Tsu+Dho+Nimh · · Score: 1
      "but we do live in a world where if you pick up a catalog to order things, there's a price for 1-25, a price for 25-50 and a price for 100+, the more you buy the cheeper you get what you want."

      Yes, discounts for quantity happen, and are legal ... but what if the owners of Catalog "A" charged you more for your 100 widgets than they charged me for the 100 I bought, just because you also bought widgets from Catalog "B". That is not only unfair pricing, it is an attack on "B".

      Japan has no problem with the quantity discounts, but they are justifiably annoyed that Intel appears to have two prices for the same quantity of chips - one for Intel-only customers and one for customers who also buy AMD chips.

    5. Re:Guess they just didn't know. by GigsVT · · Score: 1

      Yeah, in those cases you are buying quantities that affect demand on the level of an entire market.

      It's just like buying a ton of a thinly traded penny stock. You could easily cause the price to double or triple.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
  13. Re:Give me a rational reason why this is a problem by BackInIraq · · Score: 5, Informative

    Can someone tell me honestly what's wrong here? Intel are the ones who have control over their product. They get to sell their products and define how much it sells for. Why are governments getting involved?

    Obviously if a company is buying more of a competitor's products then they're buying less of yours, so your own are more expensive to them because they are buying in lower quantities. that is simple grade school economics."


    The problem arises when somebody tries to use their position as the established leader to keep other companies from establishing a marketshare, thus using their dominance to maintain a monopoly. Not as much of a problem with Intel as it would be with a company like Microsoft (as AMD is a very strong competitor), but still not a good idea to let bad practices get started.

    Again, basing your prices off how many of YOUR chips they buy is okay. What this alleges is taht they are also factoring in how many of the competitor's chips they buy, which is not. How many AMD chips a company buys is none of Intel's business, and shouldn't affect prices.

    Simple example. Company A makes 100,000 computers, and uses Intel for 50,000 and AMD for 50,000. They should be charged the exact same rate as Company B, which makes only 50,000 computers but uses Intel for all of them. The accusation is that Intel would instead charge Company B a lower rate, because while they purchase the same volume they don't purchase any from AMD.

    As somebody else said, the carrot is legal, the stick is not.

  14. Re:Give me a rational reason why this is a problem by advocate_one · · Score: 1

    now we need to apply this reasoning to the case of Microsoft's unfair practices in regards to OEMS wanting to offer the choice of Linux or MS to the customer...

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  15. Re:Give me a rational reason why this is a problem by aug24 · · Score: 2, Informative
    Dear God, could you at least skim the F article before posting?

    They gave their customers lower prices if they guaranteed not to buy their rival's chips. To my mind, that is unfair.

    Justin.

    --
    You're only jealous cos the little penguins are talking to me.
  16. Re:Give me a rational reason why this is a problem by TheRealSync · · Score: 2, Informative
    Obviously if a company is buying more of a competitor's products then they're buying less of yours

    Okay, I'll try explaining this in easier terms.

    Intel to customer: "If you buy 1 of these, it will cost you 100$, if you buy 10, you will get them for 50$ each".

    So far, it's fair enough.

    Intel to customer: "However, for each product you buy from AMD we will lower our discount. Buy one single item, and our product will cost you 60$, even if you buy 10 of them."
    Now, this is unfair, since the customer would buy 10 of whatever it was from Intel nomatter how many he might buy from AMD. See the difference?
    --
    -- A good compromise leaves everyone mad. --Calvin and Hobbes
  17. Re:Give me a rational reason why this is a problem by LousyPhreak · · Score: 1

    its easy: Intel Pentium 4 530 3.00GHz: 176 imagine you and me we are both retailers. i buy 1000 of them, get them for 100k . you buy exactly the same 1000 but get them for 150k . why? because you also sell amd stuff. still think everythings working right?

    --
    -- Karma: beyond good and evil - mostly affected by posting political
  18. Like that but different by MachDelta · · Score: 4, Insightful

    Actually, from the way TFA explained it, it sounded a little more like this:

    Company A and Company B buy 500 intel processors.
    Intel goes back to those companies and says "Hey, we'll pay you money^H^H^H^H a 'rebate' - if you promise not to buy any AMD chips for a while."
    Company A says "ok" and gets the cash, Company B tells them to go to hell, and doesn't get squat.

    But who reads TFA around here? :P

    1. Re:Like that but different by t_allardyce · · Score: 1

      In a free trade economy that would be fine - Intel would just be buying a service from company A and that service would be the ignoring of AMD. However no economy works like that, governments want to keep things stable and predictable and so things like this are not legal, if this was allowed then there would be a sudden surge/snowball-effect in the market as everyone decided if they wanted to go with Intel and block AMD or go with AMD and loose profit on Intel, in the end there would be a good chance that AMD would have no customers, fire about 20,000 people and loose its value, which could have a knock-on effect on other businesses and everyone would be running around like headless chickens and scaring the government.

      --
      This comment does not represent the views or opinions of the user.
    2. Re:Like that but different by Hinhule · · Score: 0

      He wanted a reason I gave him the core reason, how they went about making sure the companies didn't buy the competitors chips is just details.

    3. Re:Like that but different by QMO · · Score: 1

      Then, since Intel would have no real competitor (for at least a few years, since their business has a fairly high barrier to entry).

      This would be very good for the environment, and for programming!!!
      Prices on new Intel CPUs would skyrocket, so prices on new PC's would skyrocket.
      Fewer computers would be sold and push old ones to landfills. This would mean that the old 386's you've been using as bookcase supports would start being worth more.
      This would also mean that processing power would not increase as quickly, as Intel wouldn't have the same incentive to research. So programs would have to get more efficient.

      I say, "Go, Intel! Make the world a better place though monopoly power!"

      --
      Exam 4/C again. Maybe I'll do better this time.
  19. Bulls**t by gomel · · Score: 2, Insightful

    The role of anti-trust legislation is the protection of consumer choice. Intel's discount was directly targeted to prevent an alternative.

    Monopolies are bad, irregardless of whether they are owned by the state or privately. People living under communism had no choice, too. All they had was one-two products from one state-owned monopoly.

    BTW, I assume that people are able to distinguish between cheese and CPUs on their own.

    --
    Fight Frist Psoting!
    Browse Slashdot with 'Newest First'!
    1. Re:Bulls**t by Bobas · · Score: 1

      Monopolies are *not* illegal. Its their abuse that is. Say if you sell stuff A, that competes with other dealer's stuff B, and everyone buys A (because its a better product) - you would get a monopoly even if you didn't reach for it.

    2. Re:Bulls**t by R.Caley · · Score: 0, Redundant
      Monopolies are bad[...]

      If there is only one grocer in your town selling adulterated flour, while all the rest are selling quality stuff, he has a monopoly on adulterated flour. Is that a bad thing? Would your life be improved if some of the others moved into the adulteration business?

      --
      _O_
      .|<
      The named which can be named is not the true named
    3. Re:Bulls**t by Anonymous Coward · · Score: 0

      Very well put. But note that 'irregardless' is not a word - it's 'regardless' ;)

    4. Re:Bulls**t by Anonymous Coward · · Score: 0

      regardless means without regard to, so irregardless means with regard to. I don't think this is what you meant to say. Sorry about the nitpick, but it's been one of those days...

      You're point is well taken though, and I agree completely.

  20. I See What's Happening Here by flopsy+mopsalon · · Score: 2, Interesting

    Clearly, Intel has been trying to take advantage of the weak dollar to expand its market in Japan, and the ever-watchful Japanese regulatory agencies moved to stymie foreign intrusion into one of their most tightly protected markets.

    Looks to me like this could be the opening salvo of a new trade war. I just hope it doesn't affect the price of ramen.

    1. Re:I See What's Happening Here by gordo3000 · · Score: 1

      except Intel is almost completely dominant in Japan and this doesn't go against the number 2 maker in the US, AMD. Even if the weak dollar could be blamed, it wouldn't make much sense to 'protect' Japanese businesses in an area which those businesses don't exist.

    2. Re:I See What's Happening Here by Anonymous Coward · · Score: 0

      Luckily no one country is likely to be able to affect ramen. It comes from so many countries and so many manufacturers, and the barriers to entry are so few and small that the geek world is unlikely to starve soon.

  21. Re:Give me a rational reason why this is a problem by R.Caley · · Score: 2, Insightful
    Obviously if a company is buying more of a competitor's products then they're buying less of yours, so your own are more expensive to them because they are buying in lower quantities.

    But, if you read the article, that is not what was happening.

    Rather, the scheme was that if I was buying 1,000,000 intel chips, and you were buying 1,000,000 intel chips plus 500,000 AMD chips, my intel chips would be cheaper. Ie it is not an issue of bulk discounts, but rather of bribes not to buy anything from AMD.

    Now, pure free market theory would say this is fine, evenetually Intel will run out of money and the 10th firm to be built on the ashes of AMD will win out. However, that could take 50 years or perhaps longer than the integrated circuit industry will exist for. Anti-monopoly laws exist on the theory that a small distortion of the free market to speed up that attrition process and maintain some competition now is a general win.

    --
    _O_
    .|<
    The named which can be named is not the true named
  22. Re:Give me a rational reason why this is a problem by mar1boro · · Score: 1, Informative

    "Obviously if a company is buying more of a competitor's products then they're buying less of yours, so your own are more expensive to them because they are buying in lower quantities. that is simple grade school economics."

    Volume discounts are fine. The problem occurs not when you say "Buy more than 5,000 of my widgets and you get a discount. Buy less and you don't." The problem is when you say "If the number of my widgets in your shop drops below %80 of your total I will cancel the discount." Attempting to coerce your vender to not carry your competitors' widgets is anti-competative.

    --
    -- "It was as if the paint factories had decided to deal direct with the art galleries." - Thursday Next
  23. Guess you didn't RTFA by Anonymous Coward · · Score: 1, Informative

    Intel giving discounts based on volume is not the issue, but Intel adjusting customer discounts based on the volume of competing products they purchased is the issue.

  24. Last sentence was edited out by slashdot editors by vincecate · · Score: 4, Interesting

    But if Intel really believes this is "fair and lawful", why is it that Intel does not use written contracts for these deals?

  25. Re:Give me a rational reason why this is a problem by aug24 · · Score: 1

    Mod you damned right! IMO this was the point where the DoJ dropped the ball. How the hell can that be acceptable?!

    J.

    --
    You're only jealous cos the little penguins are talking to me.
  26. Antitrust intel? by vidarlo · · Score: 2, Interesting

    IANAL, but I thought that to be in a antithrust situation, you had to be barring others from market, and also have a significant market share (i.e more than 80%)

    In the case of Intel, the consumer has a real choice, in AMD for home pc's, and POWER or AMD for servers. So as long as there is a real choice, there is competition, and IMO, there is very hard competition between Intel and AMD. So I think it's strange that Japan focuses those over Microsoft or other monopoles that is less challenged.

    1. Re:Antitrust intel? by Anonymous Coward · · Score: 0

      Yes, you are not a lawyer.

      And you don't know anything about antitrust law either.

      Furthermore, you can't spell.

      Worst of all, you don't grasp the concept that coercive behavior
      on the part of a vendor is wrong, whether it is legal or not.

    2. Re:Antitrust intel? by vidarlo · · Score: 1
      Worst of all, you don't grasp the concept that coercive behavior on the part of a vendor is wrong, whether it is legal or not.

      I have no problem with seeing that, however, a vendor can't be punished under law for something that is legal, whetever ethical right or wrong.

  27. What's missing the from Intel statement by Laurentiu · · Score: 4, Insightful

    "Intel continues to believe its business practices are both fair and lawful ,in spite of all evidence to the contrary."

    If they keep on going like that, pretty soon we'll have Intel turn into a religion.

    --
    Just /. IT
    1. Re:What's missing the from Intel statement by Anonymous Coward · · Score: 0

      the {==} from. you dyslexic, mate?

    2. Re:What's missing the from Intel statement by Anonymous Coward · · Score: 0

      I'm seriously having trouble comprehending that post, Mr. AC. Would you care to explain what the hell you see wrong with the one you're replying to?

    3. Re:What's missing the from Intel statement by Anonymous Coward · · Score: 1, Interesting

      If they keep on going like that, pretty soon we'll have Intel turn into a religion.

      Intel already is a religion. How else do you explain the fact that they still have a majority market share, even though AMD chips have been both faster and cheaper for about a decade now?

      Also, a nitpicking semantic point... the characteristic of a religion is that it believes things for which there is no evidence, not things that there is evidence against. The existence of a god, for example, can neither be proven nor disproven. Therefore, belief in a god is religious. On the other hand, it can be proven that the earth is not flat; therefore belief in a flat earth is not religious, it's just plain wrong.

    4. Re:What's missing the from Intel statement by Anonymous Coward · · Score: 0

      Elementary, dear AC. It's a matter of "subject".

    5. Re:What's missing the from Intel statement by Kehvarl · · Score: 1

      If they keep on going like that, pretty soon we'll have Intel turn into a religion.

      You too can be SAVED! Send us your money! Bask in the Radiant Glow of our 486, and Know that ye faithful shall reap your rewards! Send us your Money!

    6. Re:What's missing the from Intel statement by Anonymous Coward · · Score: 1, Informative
      How else do you explain the fact that they still have a majority market share?

      Simple, AMD can't supply enough chips. FAB25(Texas) is fairly old and uses an Al process, it's not capable of producing modern Athlons. FAB30 is AMD's only facility that produces Athlons currently, and even it's not built to use 300mm wafers. FAB36 is going to come online soon with all the gizmos and features a new FAB should have, but AMD had to go in to a joint project with other firms to pay for its construction since a new FAB costs more than they can afford given their current size. FAB36 in turn will allow AMD to boost their production and plan for the future, but even it is only a drop in the bucket compared to the capacity Intel has.

      AMD's problem globally at this point isn't their technology or even Intel's meddling, their problem is that they can't even begin to produce enough chips to be the majority holder. They're still too far behind Intel on the growth curve to keep up, and the only solution to that problem is more years of good products bringing in solid growth.

    7. Re:What's missing the from Intel statement by QMO · · Score: 1

      Ah, to nitpick a little more.

      The idea that there is no evidence in support of a religion depends very heavily on which religion you are referring to, and who you ask.

      For example, if you were to ask Thomas Aquinas about Christianity, he would supply wads of pro-religion evidence, which you are free to accept or reject as you choose.

      The fact that we can reject evidence (even if the basis for rejection is reasonable) doesn't mean that it doesn't exist.

      Though you are correct in your statement that the existence of a god (or at least God) can not be disproven.

      It is arguable that there is room for reasonable doubt whether God exists.

      However, the preponderance of evidence is definitely on the side of existence, since evidence for non-existence of anything is very hard to come by.

      --
      Exam 4/C again. Maybe I'll do better this time.
  28. Re:Give me a rational reason why this is a problem by BackInIraq · · Score: 0

    "...someone could come along and sell a piece of cheese as a CPU..."

    Cyrix is still making processors?

    Sorry, that's actually an insult to most of the better cheeses.

    And I'm allowed to bash Cyrix...I actually owned one of their processors once (hanging head in shame now).

  29. How do they know? by TLLOTS · · Score: 2, Interesting

    On the whole this does seem like a rather gross abuse of Intel, a company I have previously supported, well not so much supported but remained indifferent towards. However this pricing scheme seems rather off, not just in fairness, but how in the world would they be aware of the volume of a competing product that a company has purchased? Perhaps there's something simple I'm missing (more than likely) but I don't see any realistic reason why Intel would know extensive information about such things, though I'm sure they'd want to know. Anyone care to enlighten me?

    1. Re:How do they know? by karnal · · Score: 1

      Every company that has a product to market has a competitor. Said company always does extensive research on competitors to see what they're doing.

      It would not suprise me in the least that Intel knows where AMD is at, and AMD knows where Intel is at. It just makes good business sense; if not only to try to grow into areas where your competitor does well.

      The company I work for has a pretty decent research staff that investigates "competitors". You need to try to stay one step ahead of the game; being blindsided by things that your competitors do is not a good way to run a business.

      --
      Karnal
    2. Re:How do they know? by michaelhood · · Score: 1

      So who are these "competitors" of mulletsgalore.com?

  30. wishful thinking... by Anonymous Coward · · Score: 0

    Now, if only this same logic would be applied to OS market... around the world. With actually putting up serious enogh sanctions for you-know-who...

    Yeah, I know it's not gonna happen. And no, I'm not paying for those tissues you're using to clean up your pants.

  31. And I believe... by Mr.+Flibble · · Score: 1

    Intel continues to believe its business practices are both fair and lawful.

    And I believe my actions are both fair and lawful... Now, to go rob that bank...

    --
    Try to hack my 31337 firewall!
  32. Re:Give me a rational reason why this is a problem by goatan · · Score: 1
    Having governments butt their noses in like this only forces lowest commen denominators to win and means someone could come along and sell a piece of cheese as a CPU and anyone who tries to sell a real CPU could get labelled a monopoly.

    umm no because those "bad and evil" governments would also but in in this case for false advertising.

    Either goverments stay uninvolved with business practice as you wish and companys are allowed to charge what they want, strongarm who they want and sell cheese as CPU's or you have a regulated system were there are laws against strongarm tactics and selling fakes. I.E. cheese as CPU's ETC.

    --
    Saying Apple is better than MS is like saying Botulism is better than rabies.

  33. I'll give you an example... by jpiggot · · Score: 5, Funny
    Some people seem to be confused; let me help to explain. If I liked listening to "Pennywise" and bought all their CD's, and Ashley Simpson found out about it and charged me EXTRA to purchase her limited edition concert DVD with bonus interviews, AND if we both lived in Japan...I'd legally be allowed to force her to commit suicide in the town square. With a kitchen knife.

    It's a rich and vibrant culture those Japanese have, I tell you.

    1. Re:I'll give you an example... by absurdist · · Score: 3, Funny

      And when you release the DVD of her doing so, you'll have both the money and the eternal gratitude of millions of us worldwide.

    2. Re:I'll give you an example... by Anonymous Coward · · Score: 0

      Dude! I'm moving to Japan!

    3. Re:I'll give you an example... by Anonymous Coward · · Score: 0

      force her to commit suicide in the town square.

      Sepuko?

  34. Dell and AMD by Anonymous Coward · · Score: 4, Interesting
    Could it be for a similar reason that Dell reinstated that they will stick to Intel chips despite the lead of AMD in 64 bit processors.

    I mean the Intel CEO called Dell's CEO and said: "If you offer a single system with AMD processors we'll raise the prices on our stuff". Of course both will deny.

    I strongly suspect something like this: in big business relationships, you can never be paranoid enough. The reality is much worse than anything that most people could start to imagine.

    For example, AMD has been the only source for mobile 64 bit processors for quite some time. But Intel can prevent Dell from entering the market until they are ready, and maybe also pressuring Microsoft in the same direction, so that both Dell 64 bit portables and 64 bit Windows will be available only when Intel has all 3 catergories (mobile, desktop and servers) covered.

    1. Re:Dell and AMD by Anonymous Coward · · Score: 0

      I mean the Intel CEO called Dell's CEO and said: "If you offer a single system with AMD processors we'll raise the prices on our stuff".

      Put it the other way around:

      Intel CEO calls Dell CEO and says "If you sell our chips exclusively we'll give you a discount."

      Now that doesn't sound so unfair, does it?

    2. Re:Dell and AMD by Moraelin · · Score: 1

      Actually, probably more like the yet other way around:

      Michael Dell calls Intel and says, "You know, we're sorta considering AMD... again. How much of a discount do you give us not to?"

      Big customers do that kind of thing all the time.

      _And_ witness the recurring joke of Dell dropping hints, or outright shooting its mouth off, that it considers using AMD for a change. No, really. This time they mean it.

      At one point they even went as far as to let you order a replacement Athlon on their site, in case you had a (non-existent) Dell system with an Athlon in it. Got all the AMD fans sure that Dell will actually launch such a system in the next month.

      Except invariably it doesn't actually happen. And next year the exact same joke starts all over again.

      In case you were wondering WTF that's all about, or worse yet if you ever took that seriously or though "oh well, maybe next year, when AMD has enough fabs/MHz/dual-core/whatever", you now know what really happened there: Dell was about to negotiate their discount from Intel. So they first put up the "if we don't get enough of it, this time we might actually use AMD" racket.

      --
      A polar bear is a cartesian bear after a coordinate transform.
    3. Re:Dell and AMD by Anonymous Coward · · Score: 1, Informative

      The real problem here is that Intel has ASSLOADS more production capacity than AMD. If Dell walked over to AMD and said, "We'd like a price quote on selling every new computer with an AMD chip," AMD would have an eneurism just trying to imagine where all those chips would come from.

      Supposing AMD did have the capacity, that would place Dell in a great position. Should Intel then come forth with some sort of ultimatum, the proper response would be, "If you raise prices on your stuff, we'll stop buying from you." Imagine the Wall Street reaction if Dell announced that all new Dells would be featuring Athlons. Intel would see unprecidented drops.

      The interseting and sad thing is, AMD can't really justify an explosive increase in capacity without an order from Dell. And Dell won't wait for AMD to build new factories when approached.

  35. antitrust principles commonly accepted worldwide by sl4shd0rk · · Score: 1

    ..(from tfa) So just what type of antitrust principles are accepted? I would have to say acceptance has nothing to do with forcing-it-down-your-throat, other than accepting the fact your being screwed.

    --
    Join the Slashcott! Feb 10 thru Feb 17!
  36. cmp [Intel+AMD],[Microsoft+Linux] by Quentusrex · · Score: 2, Interesting

    Intel's actions would be like Microsoft selling you the install CD's which scan you computer for linux. If it finds Linux you would have to enter a 'special' serial number that would of course cost you more than the 'standard' serial you purchased with the install disks.

    1. Re:cmp [Intel+AMD],[Microsoft+Linux] by GigsVT · · Score: 1

      Microsoft accomplishes this through technical means, such as always overwriting the boot area making linux unavailable as a boot option, if you install Windows after Linux, thus causing people with both OSs to face a more problematic install.

      Things like that.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:cmp [Intel+AMD],[Microsoft+Linux] by Quentusrex · · Score: 1

      No, you either format the whole hard drive and install Microsoft first then linux. Or you just save the first partition for microsoft, install linux, install microsoft. then boot up in knoppix and repair the boot sector. I have done both methods successfully on my home test networks.

    3. Re:cmp [Intel+AMD],[Microsoft+Linux] by Anonymous Coward · · Score: 0

      Or charging the vendor more per PC if they dual-boot with another OS or if they ship the PC without an OS, or such.

    4. Re:cmp [Intel+AMD],[Microsoft+Linux] by GigsVT · · Score: 1

      Yeah, of course I know how to do it. The point is MS has taken measures to disable competitor's OS, with weak technical justification.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
  37. Amen. The DOJ folded miserably on that one. by Anonymous Coward · · Score: 0
    Actually, given the monopoly power of Microsoft,
    the justice department should have been able
    to know what every OEM pays for Windows.


    But even then Microsoft would reward the "good OEM"
    through money transfers to banks in the some
    country with friendly (to big business) banking
    and fiscal habits.


    Fuck Microsoft, here in Spain, an office license
    for a Mac costs something like 700 euros!

  38. Re:Give me a rational reason why this is a problem by Richard_at_work · · Score: 2, Informative

    Simple example. Company A makes 100,000 computers, and uses Intel for 50,000 and AMD for 50,000. They should be charged the exact same rate as Company B, which makes only 50,000 computers but uses Intel for all of them.

    Close but no. Intel shouldnt charge Company A the same as Company B for the same 50,000 units. Intel *should* charge Company A the same for those 50,000 units as they would if they didnt know about the 50,000 AMD units. Bit of a difference.

    Intel is well within its rights to charge Company A and Company B different prices, but NOT for certain anticompetative reasons. Its the same as Intel refusing someone business - they can refuse anyone business but NOT for reasons like race, gender etc.

  39. Yes it does by Anonymous Coward · · Score: 0

    Some memes only work... in Japan!

  40. Re:Give me a rational reason why this is a problem by Richard_at_work · · Score: 1

    Microsoft doesnt charge a different Windows OEM price based on if the OEM wants to ship with alternative OSes, it just removes the option of OEM licenses altogether. This is perfectly legal (you are afterall allowed to not renew agreements as you feel fit and the OEM is free to purchase off the shelf at the same rates as anyone else) and isnt covered under this case at all.

  41. Campaign Contibutions by datadriven · · Score: 1

    If they get in to trouble in the US they could make campaign contibutions to a candidate that will let them off the hook. It worked for Microsoft.

  42. Yeah... by adyus · · Score: 1

    In other news, rapists take pride in practicing safe sex...

  43. Intel continues to believe... by bani · · Score: 3, Funny

    ...that the itanium is a wildly successful product, too.

    in other news, intel continues to believe the f00f and pentium fdiv bugs were really just user error...

  44. Sick minds running corporations by Anonymous Coward · · Score: 2, Insightful
    "Intel continues to believe its business practices are both fair and lawful."

    After doing what Intel did, I can't believe someone would say this with a straight face. What a world we live in.

  45. Re:Give me a rational reason why this is a problem by orlinius · · Score: 4, Interesting

    I'm not surprised at all that Intel has such practices with its customers.

    Two years ago, in the company I worked for, we needed to buy 600 cheap servers from Dell for an embedded application that we had to install at our clients. The price was really very important. If we couldn't get them at the right price, our project was not going to make it.

    Dell did everything to lower the price. I remember they went down as much as 50% but it was still not enough.

    We were about to cut the project when Dell called us and told us that the only way to reduce the price of the 600 servers further was if we signed some sort of paper saying that we used AMD processors in our previous project and this was a replacement project. This way they could get a big rebate from Intel under a certain program provided by Intel.

    I just couldn't believe that Intel was ready to go that far...

    --

    A hungry bear does not dance!
  46. Re:Give me a rational reason why this is a problem by gordo3000 · · Score: 0

    market theory doesn't predict anything like that. Well, unless you are assuming perfect information(everyone knows this is going on) and that all products are homogenous and that no company has market power because we are in a perfectly competitive environment. A bit of a stretch, don't you think?

  47. Has nothing to do with the dollar by salemlb · · Score: 1

    How did you decide that this has to do with Japan protecting its markets (from what? If US companies can't sell processors to Japan, where will they go for chips to drive their computers? Toshiba?)?

    1. Intel was not dominating Japan. AMD was doing ok there.
    2. Intel suddenly beats the snot out of AMD in Japan
    3. Japan investigates, for some reason, learns that Intel was raising the price of Intel processors sold to any company that also bought from AMD
    4. Investigation hits the press/slashdot.

    Read the article... heck just skim the article for years. This started way back before the dollar was weak. Like, when the dollar was really really strong. Unless Intel has invented time travel, the price of the dollar has less to do with this investigation than the price of eggs in China.

    I wonder, though... if Intel was doing this same thing with Dell. Might explain why Dell won't leave Intel... at all. Even though the Opteron has lately been a better product, and one for which there is significant demand.

    1. Re:Has nothing to do with the dollar by Anonymous Coward · · Score: 1, Insightful

      > I wonder, though... if Intel was doing this same thing with Dell. Might explain why Dell won't leave Intel... at all. Even though the Opteron has lately been a better product, and one for which there is significant demand.

      Dell doesn't leave Intel because Dell is in the driver seat.

      Every once in a while Dell issues a press release saying they're looking into using AMD chips. It likely coincides nicely with when they want something from Intel. Intel complies, Dell lets their AMD investigation die on the vine.

  48. I get it...but.... by Anonymous Coward · · Score: 0

    Aren't these discount structures really the same? Each organization really has a limited amount of CPUs they are going to purchase. To say I am going to give you a discount based on quantity is normal. If you buy from a competitor, that quantity is less, therefore, your discount is less, you pay more. Seems one and the same to me, really.

    Also, this is business norm, by the way, in every single software sales organization I have worked for.

  49. Re:Give me a rational reason why this is a problem by bechthros · · Score: 1

    Gee, surely it had nothing to do with Microsoft's $25,000 donation to the National Republican Congressional Committee, or their $867,000 in Republican campaign contributions. Surely not. I mean, that would be bribery, right? Or would it be extortion on the part of the National Republican Congressional Committee, since they asked for (and by MS' own admission, probably received) another cool million on top of it? Nobody made a big stink about it at the time except some pesky "liberal media elites", so guess what? We all consented.

  50. Re:Give me a rational reason why this is a problem by Anonymous Coward · · Score: 0

    In other words you're essentially subsidising your own customers switching to another product, and aren't allowed to give bonuses to loyal customers.

    That is such stupid thinking no wonder the economy is down the drain.

  51. Re:Give me a rational reason why this is a problem by R.Caley · · Score: 2, Insightful
    Well, unless you are assuming perfect information[...]and that no company has market power

    No, that's the point, market power costs money to excercise (eg Intel has to pay people not to buy AMD, or keep it's prices below reasonable cost plu margin or whatever), so given a perfectly stable open market etc. etc. eventually the little guys who keep nipping at the monopolist's ankles will bring it down.

    Unfortunatly, in the real world, there are barriers to entry, especially international ones and the world changes under us. And, of course, economic theories tend to assume agents in the market behave rationally, which we know is bollocks.

    --
    _O_
    .|<
    The named which can be named is not the true named
  52. Re:Give me a rational reason why this is a problem by meburke · · Score: 3, Insightful

    It's a problem because it's an American company doing business in Japan. Japanese companies do it all the time in foreign countries. NEC especially carved a niche by matching competitive prices (in the form of discounts and rebates) against IBM among large businesses that had a large number of IBM PC's. Once a big company like AMOCO started buying NEC desktops, they moved on to printers, etc. The program where they would give a rebate or discount when a customer traded in a competitive PC was effective for a while in the late '90's.

    Of course, this wouldn't happen in Japan. Japanese keiretsu have pretty well divided up the Japanese business market satifactorily. Trying to skate a Japanese business away from an established vendor is considered socially deplorable. It's done, but very subtly, so it doesn't look like the computer company is establishing inroads in the competitor's market. In the US, their "cooperation" would be considered "collusion" and "price fixing".

    Wanna read a cool book? "The Asian Mind Game" by Chin-Ning Chu explains a lot about the roots of Asian competitiveness and difference in ethical guidelines vis a vis The US and other occidental cultures. It will change the way you view Asian politics and business.

    This attack on Intel may not even be aimed at Intel as much as laying the groundwork for an attack on Apple (which is actually doing OK against Sony in Japan) or the introduction of a Fujitsu replacement for the Intel chips a couple of years from now.

    --
    "The mind works quicker than you think!"
  53. Replace REBATE with BRIBE by lcsjk · · Score: 2, Insightful
    Consider this, "If you buy 100,000 of our product your price will be $1,000,000 for the lot. However if you agree to buy fewer or none of the competing AMD product, we will sell you the lot for $900,000."

    Companies set their real prices based on the manufacturing cost of the product and the profit they must make on each to stay in business. Their sell price is NOT supposed to be based on whether the the buyer is also obtaining products from a competitor. Giving rebates or discounts based no that principle is similar to a bribe, and is illegal nearly everywhere [unless you are receiving the bribe ;) ].

    1. Re:Replace REBATE with BRIBE by VolciMaster · · Score: 1

      Car manufacturers routinely do this type of thing in the US, where 'customer loyalty/appreciation' rebates are given as incentives to stay with car company X.

  54. Better still ... by Anonymous Coward · · Score: 0

    better still, you answer the Linux installer's question "Do you really want to erase all Windoze partitions?" with DEFINATELY YES!

  55. Counter Justice by Doc+Ruby · · Score: 2, Interesting

    A corporation breaks the law, is found liable, and is forced to pay damages. It complies, but it makes public statements that "we did no wrong". It is therefore claiming it is complying solely due to government blackmail, intimidation: "we're complying because otherwise we might get shut down, or maybe be put in a government cage". Justice is dismised as irrelevant. People have the right to criticized the government, to disagree with it. But where does a corporation's "right" to "free speech" end, and sedition, work to undermine the government and its authority, begin? Corporations already get to use the government judicial system, subsidized by taxpayers, to do much of their most difficult negotiation work. And usually settle before judgement, cheating the public of any benefit from a precedent in the settlement. Why do we allow them to use and abuse our expensive justice system - and work steadily to diminish it, in favor of a power vacuum into which corporate power can easily move?

    --

    --
    make install -not war

  56. Gee, how about... by gosand · · Score: 1
    Does this mean that we get to start referring to Intel as a "convicted monopolist" in every /. article about the company, just like we do for Micro$oft?? That's awesome!

    Hmm. Maybe Slashot can run a contest to come up with something we can place in their name that is as annoying as the dollar sign in "Micro$oft". How about "Intel In$ide"? No, that is a slogan - er - $logan. Anyone else?

    --

    My beliefs do not require that you agree with them.

    1. Re:Gee, how about... by DShard · · Score: 1

      Int€l?

    2. Re:Gee, how about... by Anonymous Coward · · Score: 0

      Yeah, but my keyboard doesn't do that easily, is there a lazy option?

    3. Re:Gee, how about... by Anonymous Coward · · Score: 0

      Int€l

  57. Did you RTFA ? by Anonymous Coward · · Score: 0
    Quote 1:
    Japan's competition monitor yesterday found that Intel, the world's leading chipmaker, had violated antitrust laws by attempting to dissuade personal computer makers from using its rivals' microprocessor chips.

    The Japan Fair Trade Commission (JFTC) said Intel's Japanese subsidiary had stifled competition by offering rebates to five Japanese PC makers on condition they agreed either to limit purchases of chips made by rivals Advanced Micro Devices (AMD) and Transmeta.


    Quote B:
    Intel, with more than 80 per cent of the global chip market, has long faced antitrust scrutiny from both the US and Europe.


    The consumer does not have a choice if the manufacturer doesn't supply one... Go buy an Athlon or POWER system from Dell. Sure, they aren't the only store on the block, but since they sell the most computers, they get the best deals from the parts manufacturers, and generally have lower prices.

    Or, go buy a Linux (or no-OS) computer from Dell... They tend to cost MORE than the same config WITH Windows. They claim, it's because a non-Windows computer is a "special order".
  58. Intel policy vs bad-salesman? by redelm · · Score: 1
    AMD has complained before. And probably cot minimal investigation:

    [Intel to cop]: "Oh no, we would never do that." Case closed.

    This time some [brave?] Japanese company probably complained to MITI and produced documents that showed their discountwas dependant on %Intel, not just volume Intel.

    Japanese law may permit the whistleblower to remain anonymous. US law probably wouldn't. I doubt even Dell could risk Intel's retaliation.

    Has Intel has gone to the Dark Side? or is this an isolated bad-saleman case? It isn't certain, although Intel remains responsible for it's bad salesmen.

    1. Re:Intel policy vs bad-salesman? by Anonymous Coward · · Score: 0

      Japanese law may permit the whistleblower to remain anonymous. US law probably wouldn't. I doubt even Dell could risk Intel's retaliation.

      There are laws in the US to protect whistleblowers. Why hasn't companies blows more whistle in cases like this? Probably because while they are protected in the short term, they must keep doing business with the offending company and are open to scrutiny and retaliation for minor cases that are normally ignored. Forever is a very long time - revenge is a dish best eaten cold, they say. Also, the incentives they are given negate the need to blow the whistle. Why would Dell complain about Intel when Intel give them discounts to be competitive against Gateway, HP and IBM? Who cares about AMD? They are only good for getting Intel fork over the discount. In most of this cases, it is the competitors who file complains (so, it's not really whistleblowing). The problem is getting the proofs needed to make a case.

      Has Intel has gone to the Dark Side? or is this an isolated bad-saleman case? It isn't certain, although Intel remains responsible for it's bad salesmen.

      I admit bias against Intel. But their business behavior is persistently bad (though less worse than Microsoft and less publicized), so I won't give them the benefit of the doubt that this is an isolated case.

  59. Re:Give me a rational reason why this is a problem by aug24 · · Score: 1

    I can't believe that the US government is so cheap to buy, to be honest. Is that all?

    J.

    --
    You're only jealous cos the little penguins are talking to me.
  60. Re:Give me a rational reason why this is a problem by krlynch · · Score: 1

    In the last election cycle, computer companies gave money at the rate of 53/47 to Democrats over Republicans. Does that indicate a new conspiracy on the left wing that we should be worried about? source

    There are numerous sites that report Microsoft donations were even more lopsided: they gave at the rate of 58/42 to Democrates. Where's the big stink being made by the "right wing"?

    What is Microsoft extorting from the Democrats, hmm? Why aren't you complaining about that as well?

    All politicians accept money from many sources, and most industries/companies donate pretty evenly to the major parties. Your obvious statement that one party is obviously doing favors for a particular company because of those donations, while the other party that got almost exactly the same amount of money isn't doing them favors, is unsupported by any facts that you've presented.

  61. In the same vein, by MerlinTheWizard · · Score: 1

    How legal exactly is it that Microsoft would forbid PC makers to sell their machines with any other OS if they plan on selling some of them with Windows pre-installed? Yet, this is exactly what has been the case. Is it fair competition? I don't think so! "You can't use our products if you use any other product." Oh yeah, what a wonderfully ethical practice...

    1. Re:In the same vein, by Vancorps · · Score: 1

      I remember the CEO of BE complained to the DOJ about this. Toshiba had agreed to pick up BeOS but MS forced them down. The CEO has wanted to testify about that but it never came up in court for some reason. Boy he was pissed.

    2. Re:In the same vein, by I'm+Don+Giovanni · · Score: 0

      "Toshiba had agreed to pick up BeOS but MS forced them down."

      Toshiba should've sent Microsoft a thank you note. BeOS sucks badly.

      --
      -- "I never gave these stories much credence." - HAL 9000
  62. Anti-virus Products? by Anonymous Coward · · Score: 0

    Is this at all similar as to what the anti-virus companies do for their products? You can buy a cheaper Norton Anti-virus if you're the owner of a Mcafee product. I see those rebates all the time.

  63. Re:Give me a rational reason why this is a problem by Anonymous Coward · · Score: 0

    In the US the first ammendment allows anyone to bash Cyrix.

    Unfortunately not all bashing is allowed, but Cyrix-bashing is still legal.

  64. Price of INTEL vs AMD or others by lcsjk · · Score: 1

    For the past 25 years, I have watched the Intel vs Competitor battle, in both memory products and CPU products. Intel products always cost more than their competitor's similar product. I am not convinced that AMD can build a product at a lower manufacturing cost than Intel, yet their product always has a lower cost. Now that AMD has equalled or surpassed Intel in processor design and is gaining market share, Intel seems to be following in the footsteps of Microsoft. As a design engineer,I stopped specifying Intel parts long ago when I realized that they were price-gouging their customers. They have a good part, and as long as people are willing to pay more for a label that says "Intel Inside" then that is fair. Paying a rebate or bribe to keep customers is illegal and considered unethical.

  65. Re:Give me a rational reason why this is a problem by superpulpsicle · · Score: 1

    Intel is stupid for even proposing it. No such thing as "guarantee" in the business world.

  66. AMD just told Dell to take a flying leap by Brian+Stretch · · Score: 2, Interesting

    This is just priceless:

    U.S.-based AMD Not Seeking Orders From PC Seller Dell
    Dow Jones Equity News, Thursday, March 10, 2005 at 00:17

    TAIPEI (Dow Jones)--U.S.-based Advanced Micro Devices Inc. (AMD) has no plans to supply chips to Dell Inc. (DELL) in the foreseeable future, despite Dell's No.1 position in the global personal computer business."Our plans to successfully grow market share and improve our finances are actually based on not doing business with Dell. We're not going to give away product just to win Dell,"said Hector de J. Ruiz, chairman, president and chief executive of AMD, at a small media gathering in Taipei on Thursday.

    The comments come shortly after Dell's chief executive, Kevin Rollins, said the U.S. personal computer giant wouldn't likely add AMD as a supplier of microprocessors, keeping its long Intel Corp. (INTC)-only policy in place.

    AMD and Intel compete in the market for computer microprocessors, which act as the brains of a personal computer.

    Ruiz also said his company's plans to introduce a new flash memory chip designed to store data in a range of mobile products like cellular phones, digital cameras and music players, will be in production next year.

    He said customers will be able to sample the product, called ORNAND, in the second half of this year.

    The chips will combine the speed of NOR flash memory, which takes its name from the algebraic expression"not or"and is used mainly in mobile phones, with the greater storage capacity of NAND, or"not and", flash memory chips.

    NAND, a chip segment dominated by South Korea's Samsung Electronics Co. (005930.SE is favored in gadgets that require greater memory storage space, like the iPod Shuffle music player.

    AMD's flash memory unit, Spansion, is a joint venture with Japan's Fujitsu Ltd. (6702.TO), and is developing the ORNAND chips.

    (MORE) Dow Jones Newswires

    03-10-05 0017ET
    SOURCE Dow Jones Equity News

    03/10/2005

  67. Monopoly works... by dtjohnson · · Score: 1

    Yes, Intel got caught but the 'penalty' for their crime seems to be that they promise to never, never do that again. The benefits that Intel has secured by locking up the big Japanese computer makers such as Sony, NEC, etc. as exclusive Intel-only shops seem to far exceed the 'cost' of the penalty. If you look at the overall computer market, most computer makers are now either Intel-only or nearly Intel-only which doesn't leave many crumbs for AMD to pick up. For example, if you want to buy an AMD-inside desktop machine in the US, you are pretty much limited to going either HP or building it yourself . Even with HP, the AMD-based models to choose from have low-end hardware and processors so if you want to get a powerful AMD machine, you have to get out your screwdriver and build a white box. The bottom line is that getting a monopoly is a very profitable business objective for Intel and they are doing a good job for their shareholders by pursuing it.

  68. So suprising... by jean-guy69 · · Score: 1
    Next we will be told that one major benchmark, made by so-said independent organization, is in fact made by Intel...

    But how could Intel do such a thing ?

  69. Of course by Anonymous Coward · · Score: 0

    It's called WIntel

  70. Re:Give me a rational reason why this is a problem by advocate_one · · Score: 1
    no, the price remains the same, but the OEMs get market development funds which depend upon points tallies. You get more points if you only distribute MS products... yes, Microsoft have been very carefull... but the Japanese were also looking at Intel's use of similar funding, so they should now go and examine Microsoft for the same thing. :
    To a lesser extent, the JFTC objected to the Intel Inside co-marketing fund, which provides money to manufacturers bearing Intel's logo. One of the 'requests' from Intel was that AMD logos and machines were moved to pages buried deeper within their websites.

    with Microsoft, you get the ridiculous situation of OEMs hiding their Linux offerings as well and also having "XXX recommend Microsoft XP Pro" messages on the same pages...

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  71. Re:Give me a rational reason why this is a problem by Kjella · · Score: 1

    Now, pure free market theory would say this is fine, evenetually Intel will run out of money and the 10th firm to be built on the ashes of AMD will win out.

    Um, where did you learn that? In the absence of market regulation, but where there are still barriers to entry like investments, economics of scale or network effects (note: you only need one of the above), there are many markets that are natural monopolies. They also tend to make huge profits (though less than full monopoly profits, since you normally have to spend some money defending it to squish potential entrants.

    Key examples of the above:
    All basic utilities (investments and economics of scale), it is not profitable for anyone to lay a 2nd sewer network.

    Network effects:
    Typically stuff like compatibility. Look at Microsoft Office for a brilliant example. Linux only exists because they haven't acted according to free market rules, it'd not be rational.

    Does "competition" happen in such markets? Oh yes. But it is all about displacing your opponent and take the monopoly for yourself. As the runner-up, you are losing money and there is no stable oligopoly. You either win or you exit.

    Noone would try to displace someone with pockets bigger than your own. And they just keep getting bigger all the time. There's a reason why many natural monopolies have been regulated, and why there are anti-trust laws to ensure that you do not keep displacing your competitors by running them dry, one by one.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  72. Re:Give me a rational reason why this is a problem by Vancorps · · Score: 1
    Perhaps because the democratics aren't in a position to effect change as much as republicans?

    I can't say what the parent truly meant, just what it looked like to me.

    At any rate you're right. Neither party is guilt free, we've seen it with all kinds of policians regardless of party. It is the reason we need to restrict funding, convincing our representatives of that is exceedingly more difficult. Definitely isn't right but as long as people keep electing someone like Bush it will continue; in the U.S. at least.
  73. You mean like what Apple is doing by geekee · · Score: 1

    "The problem arises when somebody tries to use their position as the established leader to keep other companies from establishing a marketshare, thus using their dominance to maintain a monopoly."

    Apple refuses to license their fairplay system, using their dominance in the music download business to leverage sales for iPods, the only player that can play these songs without jumping through a bunch of hoops.

    Apple refuses to support WMA on iPods, combined with their refusal to license fairplay, allows them to use their mp3 player monopoly to leverage their iTMS online music sales. No one else can sell a song with DRM that plays on an iPod.

    They're hoping the positive feedback of the lockin in these markets will keep them on top.

    --
    Vote for Pedro
  74. exclusive rights? by copenja · · Score: 1

    I don't see why this is wrong. For similar example look at the fast food industry. If Del Taco agrees to carry only Coke products then Coke gives them the product at a discounted price. I think this practice is common. I don't see anything wrong with if Dell computers wanted to sign some sort of exclusive deal with Intel where by agreeing to use only Intel they get the product at a discounted price. How is this any different than the above?

    1. Re:exclusive rights? by drewness · · Score: 1

      If Del Taco agrees to carry only Coke products then Coke gives them the product at a discounted price. I think this practice is common.
      With fast food it often goes deeper than that though. For exapmple: The same parent company owns Pepsi, Taco Bell, Pizza Hut, and KFC. Unsurpisingly, the latter three sell softdrinks made by the first.

    2. Re:exclusive rights? by mrsbrisby · · Score: 1

      It isn't illegal. It's anticompetitive. What's illegal is for companies to be anticompetitive in markets that they have monopolies.

    3. Re:exclusive rights? by Jon_Hanson · · Score: 1

      I think most restaurants have contracts with the soft drink vendors. The contracts expire, though, and they are free to change who they get their soft drinks from.

      You'll never see Coke products at a Taco Bell, Pizza Hut, KFC, etc. because those chains are owned by a subsidary of Pepsi. I think the subsidary is completely independent now (Yum Brands) and technically Coke can bid for their soft drink contracts.

  75. Haiku by Anonymous Coward · · Score: 0

    Intel caught again
    Truthful offer they replied
    But now it is gone

  76. They did this here in the US, too. by i41Overlord · · Score: 1

    I used to work for a motherboard manufacturer and they had similar policies here. We used to buy millions of chipsets from them. The MB business is very low profit margin, so a rise in the cost of components could kill you. If you were exclusive to Intel you'd be on their "MVP" list, but if you pissed them off you'd fall off that list. Being on that list ensured that you'd get your chipsets on time and for the best price. Without being on that list, they couldn't guarantee you the full supply you wanted, and the price would go up by a dollar or two.

    They tried to hide it by saying that they had "shortages" and had to limit your supply, but the "shortage" always seemed to go hand in hand with you looking into buying other chipsets, or making boards for non-Intel processors.

    They were very aggressive and commonly used strongarm tactics.

  77. intel continues to believe by dorphat · · Score: 0

    and i believe i am jesus.

  78. Re:Give me a rational reason why this is a problem by doodaddy · · Score: 1

    AMD can not make enough chips to supply Dell exclusively. AMD will never be able to afford the plants to make those chips without contracts from places like Dell.

    But Dell can not buy 15% of its chips from AMD because Intel is threatening them. This puts AMD *and Dell* in an impossible chicken-and-egg situation.

    You see, it's not all about rebates from Intel. Imagine if Intel can't get around to finding enough chips for Dell! I'm sure the threat is more along this line.

  79. Re:Give me a rational reason why this is a problem by smithmc · · Score: 1

    They gave their customers lower prices if they guaranteed not to buy their rival's chips. To my mind, that is unfair.

    Well, maybe it's not very "nice". But I still don't understand what objective grounds can be given for making it illegal or considering it immoral. They're Intel's chips, they made them - why can't they charge whatever the hell they want, to whomever the hell they want? You don't have to buy them. If you don't like Intel's practices, let them know - by supporting the competition instead.

    --
    Downmodding is the refuge of the weak. Don't downmod, make a better argument!
  80. white chips by Anonymous Coward · · Score: 0

    intel japan was reminded that it should pay closer attention to it's cash Yen distribution function...

    as heard by a fly on the wall at intel headquarters...
    "them tokyo boyz been suffering a bit O lanyap dysfunctionality disorder"

  81. Oh! I'm sorry... by Audacious · · Score: 1

    "Intel continues to believe its business practices are both fair and lawful."

    I thought they said "...air and awful." ;-)

    --
    Someone put a black hole in my pocket and now I'm broke. :-)
  82. fair? by alexandreracine · · Score: 1
    "Intel continues to believe its business practices are both fair and lawful."

    Fair? Like in still using architecture from a calculator?
    --
    No sig for now.
  83. hopefully, by Phil+Urich · · Score: 1

    you'll get modded up, but unlikely for someone that badmouths Apple here to find any favour with the mods, regardless of how lucid the point.

    --
    I remember sigs. Oh, a simpler time!
  84. Re:Give me a rational reason why this is a problem by Atomic+Frog · · Score: 1

    The problem is summarized previously, but in case you don't get it, here it is:

    You buy 1 Intel for $10
    I buy 1 Intel for $15. Why? Because I also bought an AMD.
    If I bought 10 Intel for $10 and you got 1 Intel for $15, that's more understandable, and fair. THe issue is that Intel gives a discount _if_ you do not use a competitors chips, not based on volume.

    There's nothing wrong with volume discounts or possibly even discounts to preferred customers (say those who pay on time or something).

    This is pretty much the same as Microsoft in the bad ol' days saying "If you choose to bundle some other OS with your PC's, Windows will cost you more. Oh, and by the way, you pay for a Windows license even if you didn't ship that PC with Windows".

    We know. I work at Transmeta. Our Japanese clients tell us this, they like our stuff, but when 90% of their products are Intel, and Intel will refuse to give you discounts if you touch another CPU, money talks, they can't afford to run alternative CPU's.

  85. Re:Give me a rational reason why this is a problem by bechthros · · Score: 1

    " In the last election cycle, computer companies gave money at the rate of 53/47 to Democrats"

    That may well be the case. Now, if it's not too much trouble, go back and read my post. I wasn't talking about "computer companies", I was talking about Microsoft specifically, in response to a comment about Microsoft's OEM's. Were you not able to follow the thread or are you trying to change the subject?

    "Does that indicate a new conspiracy on the left wing that we should be worried about?"

    If you think that the emasculated American left has ANY power today, political or otherwise, let alone enough to have a "conspiracy", I have to wonder about you. Name one powerful leftist in American politics today. Not a useless blowhard like Ted Kennedy or Hillary Clinton, not an up-and-comer like Barack Obama - somebody who can actually get something progressive done instead of just blowing hot air and watching their polls. Just one. I dare you.

    So let's see, 47% of voting America represented by exactly NONE of the federal government in anything short of a filibuster... hmm, almost like we're being taxed without being represented.

    Gee, why does that sound familiar?

    Oh, and by the way, the word "conspiracy" is yours and yours alone, my friend. Nobody was talking about a conspiracy. I was talking about extortion, which I suppose could qualify as a conspiracy if you're bored and pedantic enough to consider a blowjob an impeachable offense. And now that I think about it, even "extortion" is probably the wrong word. "Criminal solicitation of bribes" is more like it.

    "There are numerous sites that report Microsoft donations were even more lopsided: they gave at the rate of 58/42 to Democrates. Where's the big stink being made by the "right wing"?"

    I fart in "numerous"'s general direction. How about numerous and reputable? Cite 'em if you got 'em, cowboy. And the like of Little Green Footballs doesn't count, sorry.

    "What is Microsoft extorting from the Democrats, hmm?"

    Oh, are we back to talking about Microsoft? I thought it was "computer companies". Well, seeing as how the dem's got less than 50% of the amount MS donated to the NRCC for one dinner before they solicited (and again, my MS's own admission, probably received) the other million on top of it, and seeing as how it was a Democratic DoJ that went after them... Nothing, Einstein. Come on, your UID number is like one seventh of mine, you can do better than that..

    "All politicians accept money from many sources, and most industries/companies donate pretty evenly to the major parties."

    Again, the previous comments were about MS, not the industry.

    "while the other party that got almost exactly the same amount of money isn't doing them favors"

    Hmm. Let's review, shall we? First Microsoft gave 25 grand to the National Republican Congressional Committee to be a "table sponsor" for ONE DINNER. In 1997-8 MS - again, by their OWN admission - gave 2/3 of all their campaign contributions to the Republican side of the aisle. Then the GOP, who could have denied some of these donations in the name of avoiding even the appearance of impropriety (they're the "values" guys, right? That's what my TV keeps telling me), instead went back to Redmond and ASKED FOR ANOTHER MILLION - again, by their OWN admission.

    "is unsupported by any facts that you've presented."

    They're not my facts, they're Redmond's. Look, if you want to have the opinion that Microsoft gave evenly to both sides of the aisle, I can't stop you. You just have to realize that the only account of their giving you are trying to refute is MICROSOFT'S ALONE. This is what THEY said happened. This is how THEY said they spent their money. Believe it or don't - it's not me you're arguing with.

  86. Microsoft and AMD by Anonymous Coward · · Score: 0

    hmm, now i know where all those ex-microft salemen (read: con-men) got jobs after the crap hit the fan in redmond!!!!

  87. It's an old saw by Allnighterking · · Score: 1
    While Intel responded saying, "Intel continues to believe its business practices are both fair and lawful."

    Yep Every criminal in the pen is innocent, Standard Oil was justfied giving away gasoline in new markets and raising the price in old ones to offset the cost. Dalmer claimed that his victims "asked for it"

    That's the problem with ego's. In the hands of those without morals and ethics they leave you thinking you are right because you appear to have succeeded. What Intel doesn't understand is, they have been found guilty in a court of law.

    The other thing they don't understand is that it isn't a US court of law. It isn't even the US. They are a bunch of guylos (sp) who are not, despite what they may think, an inside player. As a damn American who has had the joy and frustration of living in asia for more than a decade I can attest that no matter how well you think you are in. No matter how many local faces you have, if the name on the card isn't a home grown mega company you are in second place flat out.
    --

    I'm sorry, I'm to tired to be witty at the moment so this message will have to do.

  88. Re:Give me a rational reason why this is a problem by aug24 · · Score: 1
    For comparison: there are no objective grounds for making monopolies illegal.

    What I think you are not considering is that in, as far as I am aware, every country the notion of forming a company is a privilege. It is contingent on behaving in a way that is not detrimental to the consumer at large.

    Otherwise, why would we even have audits?! What is objectively reasonable about forcing people to declare their accounts? Why not just make them declare their profits as that is the basis of tax (and what happens to ordinary mortals)?

    I should point out I have the perspective of one who runs his own company, no matter how small. YMMV.

    Justin.

    --
    You're only jealous cos the little penguins are talking to me.
  89. Mea culpa ;) by gomel · · Score: 1
    http://dictionary.reference.com/search?q=irregardl ess
    [Probably blend of irrespective, and regardless.]

    Usage Note: Irregardless is a word that many mistakenly believe to be correct usage in formal style, when in fact it is used chiefly in nonstandard speech or casual writing. Coined in the United States in the early 20th century, it has met with a blizzard of condemnation for being an improper yoking of irrespective and regardless and for the logical absurdity of combining the negative ir- prefix and -less suffix in a single term. Although one might reasonably argue that it is no different from words with redundant affixes like debone and unravel, it has been considered a blunder for decades and will probably continue to be so.

    adv : regardless; a combination of irrespective and regardless sometimes used humorously

    --
    Fight Frist Psoting!
    Browse Slashdot with 'Newest First'!
  90. Re:Give me a rational reason why this is a problem by smithmc · · Score: 1

    What I think you are not considering is that in, as far as I am aware, every country the notion of forming a company is a privilege. It is contingent on behaving in a way that is not detrimental to the consumer at large.

    I agree that forming a corporation is a privilege granted (rightly or wrongly) by government. But forming a company, i.e. a group of people who work together for a common goal (which could be making CPUs, or putting on a theatre presentation, or whatever) is (at least in the United States) constitutionally protected by the First Amendment ("free assembly"); i.e. it is a right, not a privilege. And what's to say that an unincorporated company might not choose to give rebates to its customers based on their decision to buy or not buy from its competitors? Would that be wrong, too?

    --
    Downmodding is the refuge of the weak. Don't downmod, make a better argument!
  91. Re:Give me a rational reason why this is a problem by aug24 · · Score: 1

    I think we have a difference in terminology only, here. In the UK, a company is afforded certain legal rights and privileges (limited liability, reduced tax) as it is intended to foster co-operative productivity and thus eventually employment. Perhaps that maps better to corporation?

    Taking your second example to the extreme, would it be an issue if the dealer was an individual, offering lower prices if the customer doesn't buy from another individual? I don't know.

    J.

    --
    You're only jealous cos the little penguins are talking to me.
  92. Re:Give me a rational reason why this is a problem by smithmc · · Score: 1

    I think we have a difference in terminology only, here. In the UK, a company is afforded certain legal rights and privileges (limited liability, reduced tax) as it is intended to foster co-operative productivity and thus eventually employment. Perhaps that maps better to corporation?

    I think so. In the US, a company can be just any ol' business, whether legally incorporated or not. I don't think the term has legal significance. A corporation, however, is chartered by the government, afforded liability protection, a different tax structure, and legal "personhood" - i.e. a corporation can do things that normally can only be done by individuals, like engage in contracts, etc.

    --
    Downmodding is the refuge of the weak. Don't downmod, make a better argument!
  93. Re:Give me a rational reason why this is a problem by aug24 · · Score: 1

    Ah, that's exactly what we mean by a company - an incorporated legal entity with limited liability (just like bankrupcy protection for individuals).

    J.

    --
    You're only jealous cos the little penguins are talking to me.