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AMD Files Antitrust Lawsuit Against Intel

jonathan_ingram writes "As reported on GrokLaw, AMD has just filed an antitrust lawsuit against Intel. AMD states in its press release that the complaint details "... how Intel has unlawfully maintained its monopoly in the x86 microprocessor market by engaging in worldwide coercion of customers from dealing with AMD. It identifies 38 companies that have been victims of coercion by Intel - including large scale computer-makers, small system-builders, wholesale distributors, and retailers, through seven types of illegality across three continents.""

21 of 790 comments (clear)

  1. About time... by TripMaster+Monkey · · Score: 5, Insightful


    Full text of the complaint filed can be found here in PDF format.

    Interesting read...it's high time we saw some legal action against Intel for all these shenanigans. However, I'm doubtful that this will resolve anything...in reality, Intel will probably be about as inconvinenced by this antitrust action as Microsoft was by theirs.

    --
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    ~ |rip/\/\aster /\/\onkey

    1. Re:About Time... by 'nother+poster · · Score: 5, Interesting

      I don't get this. Years ago the government put an end to tiered pricing in the auto industry. Why do they allow it in other industries? It's not as if the computer chip industry or the software industries are tint and insignificant compared to the auto industry.

      For those who don't know what I'm babbling about, years ago the federal government in the U.S.A. made some laws that auto makers had to sell cars to all the dealerships for the same price. Before this, the auto companies had penalized dealers that sold other brands, and dealers in rural areas that moved smaller quantities of merchandise. What this meant was that any wholesaler(dealer) that wanted to buy a Chevy paid the same amount as anyone else regardless of whether they kissed the manufacturers butt or not.

    2. Re:About time... by RailGunner · · Score: 5, Informative
      That's not all, sadly. Even though the Opteron, for example, supports the SSE2 instruction set (and supports it faster than a Pentium 4 Xeon based on my benchmarks) when you call in to any function in the Intel Integrated Performance Primitives (IPP), it will "watershed" to the default pentium, non-optimized code. It will NOT run the SSE2, SSE, or even MMX enabled functions. So this is another example of Intel screwing over AMD.

    3. Re:About time... by acadia11 · · Score: 5, Interesting

      I would disagree, the difference between Microsoft and the AMD case, is who brought the case and did they have a viable alternative? In the former the DOJ brought the case against Microsoft and the DOJ did not offer a viable alternative, after all the DOJ doesn't write operating systems. And to be honest there is no realistic alternative to the average consumer .i.e. grandmother other than Windows. On the other hand in the latter case, AMD is a direct competitor to Intel. AMD not only offers a viable alternative but in many cases a better alternative. This is not the DOJ bringing suit it's a competitor, AMD, therefore the competitor, AMD, can collect heavy fines and concessions from Intel. It's brilliant and you got to love it right on the heals of the Apple deal, as clearly, AMD's architecture was a better fit for Apples initiatives, or stated initiatives. I.E. performance and power consumption an arena where AMD leads Intel. Alot of myths are going to be dispelled in this court case and we will find out how Intel has kept it's lead despite inferior products, product instability, and an inability to meet deadlines and demand. The irony is these were all claims Intel made of AMD as to why they, Intel were #1 and a better choice. If I were Intel I'd higher my marketing team to try the case on their behalf.

  2. Only a good thing for Apple (and all vendors) by daveschroeder · · Score: 5, Interesting

    Before this, it was already pretty much a foregone conclusion that Apple would use AMD products where they made sense in the future, and that the Intel announcement, specifically, was intended to be one of simplicity that wouldn't rile up Wall Street and analysts, and we can see that they've succeeded in spades. However, once the transition to the x86 architecture is over, there is nothing stopping Apple from using AMD (and/or x86-64/EM64T from Intel or AMD) where appropriate... ...except, possibly, strongarm tactics by Intel.

    Since the transition of high end machines is two and a half years out ("end of 2007"), it's likely that at least some of this will have shaken out by then. So even IF there are any types of exclusivity arrangements with Intel on Apple's part, either explicit or implicit (and please note, there is nothing to suggest there is), Apple, along with many other x86 vendors, will be free to choose the best processor solutions for their products - including those from AMD.

    Remember, too, though, that while AMD may have superior products in certain, specific areas, since it shares manufacturing/fabrication capability with IBM, it has run into many of the same manufacturing and supply problems as IBM. Superior products are fine - if you can actually ship them. Intel, while you can cherry-pick instances of supply problems, has proven itself to be a stable and consistent supplier.

    All that said, choice and competition is still a good thing for this marketplace.

    For more on the transition, see Apple/Intel FAQ.

  3. Could the be the way for Dell to finally ship AMD? by bemenaker · · Score: 5, Interesting

    Didn't Dell complain one time that this was part of the reason they don't sell AMD?

  4. The good thing is that... by DeafDumbBlind · · Score: 5, Interesting

    At least while the lawsuit is ongoing, Intel will likely be more careful about its practices, so vendors might offer more AMD systems. I doubt that Dell will jump on board, but it's be nice to see some Thinkpad or Viao A64 based systems.

    In the end, Intel will pay a fine and agree to not do anymore what they never admitted to doing in the first place.

    --


    Jesus used to be my co-pilot, but we crashed in the mountains and I had to eat him.
  5. AMD can't compete? More likely... by The_Isle_of_Mark · · Score: 5, Insightful

    They need to drum up more exposure, what better way that an anti-trust case? I'm not saying they don't have one, I am sure they are privy to info I am not, but isn't it great AMD advertising?

    1. Re:AMD can't compete? More likely... by Iriel · · Score: 5, Insightful

      And there's more. While I'm not the expert on this, it seems quite possible that AMD has had this case ready to go for some time now. There was a sudden rush for 64-bit (despite many software shortcomings to suit the architecture), and then the realtively short gap before the dual-cores hit the market. With this kind of CPU war that I've been seeing, it's not only (great | just plain) publicity, but it's well timed. How many of the major online custom PC builders offer the AMD X2? Not as many as the Intel dual-core.

      Methinks, AMD hopes to turn the tide from being the niche market of gamers/power users to a gereral audience.

      I just hope, for thier sake, that this all works out. I hope, for my sake, that an X2 will finally be affordable for me :)

      --
      Perfecting Discordia
      www.stevenvansickle.com
  6. Re:Seriously.... by Lord+Pillage · · Score: 5, Funny
    My oxymoron detector just went through the roof.

    What? A well known secret you say?

    --
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  7. Re:No more business from AMD by overshoot · · Score: 5, Interesting
    Intel doesn't have a monopoly, at least with PC chips.

    Intel has a higher market share than IBM did during the height of the mainframe wars, by almost 20% -- the question isn't whether they have the market share, it's whether they have the power to command the market.

    If proven, the allegations in AMD's suit would constitute a slam-dunk finding of market power and abuse of that power.

    If you're of the John Carroll "there is no such thing as monopoly" school, none of this matters. On the other hand, most of us prefer a market where there is honest competition on the merits, not one where a competitor is frozen out by under-the-table payments and other dirty tricks.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  8. Re:No more business from AMD by myrick · · Score: 5, Insightful
    I don't understand what is wrong with countering one 'business tactic' with another 'business tactic.' If Intel really is strongarming AMD out of the market with illegal rebates and incentives based on how much business a vendor does with AMD, how is it wrong of AMD to start an investigation? If Intel is coloring within the lines, then AMD looks like a desperate struggling beggar, and Intel is all the better for it. But if AMD's allegation are true, then don't they have the right to fair competition?

    A monopoly doesn't mean that a company has 100% of the market, it just means that they have an overwhelming majority such that they can exert pressures against smaller companies by threatening customers. This is not the same as Intel underpricing AMD because they have a better capacity than AMD. That is legitimate business, and a gain from having the kind of production capacity that Intel has (an economy of scale). The allegation here is that Intel is witholding incetives only for people who specifically buy AMD products, meaning that Intel is using its position in the market to limit competition by not only providing incentives to use Intel products, but to provided disincentives to use AMD products. That seems like a pretty shady deal to me. Doesn't that strike you as disgusting and abhorrent?

    --
    I'd rather be cycling.
  9. Re:Welcome to the new world. by cyclopropene · · Score: 5, Insightful
    If you can't compete, legislate!
    You mean litigate? They're not writing the law...
    --
    Shouldn't you be doing something useful?
  10. Re:No more business from AMD by krgallagher · · Score: 5, Informative
    " Intel doesn't have a monopoly, at least with PC chips. AMD is simply using this as a business tactic."

    Here is a list of specific allegations:

    • Forcing major customers such as Dell, Sony, Toshiba, Gateway, and Hitachi into Intel-exclusive deals in return for outright cash payments, discriminatory pricing or marketing subsidies conditioned on the exclusion of AMD;
    • According to industry reports, and as confirmed by the JFTC in Japan, Intel has paid Dell and Toshiba huge sums not to do business with AMD.
    • Intel paid Sony millions for exclusivity. AMD's share of Sony's business went from 23 percent in '02 to 8% in '03, to 0%, where it remains today.

    • Forcing other major customers such as NEC, Acer, and Fujitsu into partial exclusivity agreements by conditioning rebates, allowances and market development funds (MDF) on customers' agreement to severely limit or forego entirely purchases from AMD;
    • Intel paid NEC several million dollars for caps on NEC's purchases from AMD. Those caps assured Intel at least 90% of NEC's business in Japan and imposed a worldwide cap on the amount of AMD business NEC could do.

    • Establishing a system of discriminatory and retroactive incentives triggered by purchases at such high levels as to have the intended effect of denying customers the freedom to purchase any significant volume of processors from AMD;
    • When AMD succeeded in getting on the HP retail roadmap for mobile computers, and its products sold well, Intel responded by withholding HP's fourth quarter 2004 rebate check and refusing to waive HP's failure to achieve its targeted rebate goal; it allowed HP to make up the shortfall in succeeding quarters by promising Intel at least 90% of HP's mainstream retail business.

    • Threatening retaliation against customers for introducing AMD computer platforms, particularly in strategic market segments such as commercial desktop;
    • Then-Compaq CEO Michael Capellas said in 2000 that because of the volume of business given to AMD, Intel withheld delivery of critical server chips. Saying "he had a gun to his head," he told AMD he had to stop buying.
    • According to Gateway executives, their company has paid a high price for even its limited AMD dealings. They claim that Intel has "beaten them into 'guacamole'" in retaliation.

    • Establishing and enforcing quotas among key retailers such as Best Buy and Circuit City, effectively requiring them to stock overwhelmingly or exclusively, Intel computers, artificially limiting consumer choice;
    • AMD has been entirely shut out from Media Markt, Europe's largest computer retailer, which accounts for 35 percent of Germany's retail sales.
    • Office Depot declined to stock AMD-powered notebooks regardless of the amount of financial support AMD offered, citing the risk of retaliation.

    • Forcing PC makers and tech partners to boycott AMD product launches or promotions;
    • Then-Intel CEO Craig Barrett threatened Acer's Chairman with "severe consequences" for supporting the AMD Athlon 64(TM) launch. This coincided with an unexplained delay by Intel in providing $15-20M in market development funds owed to Acer. Acer withdrew from the launch in September 2003.

    • Abusing its market power by forcing on the industry technical standards and products that have as their main purpose the handicapping of AMD in the marketplace.
    • Intel denied AMD access to the highest level of membership for the Advanced DRAM technology consortium to limit AMD's participation in critical industry standard decisions that would affect its business.
    • Intel designed its compilers, which translate software programs into machine-readable language, to degrade a program's performance if operated on a computer powered by an AMD microprocessor.
    --

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  11. Re:Business or Not, Conspiracy or Not, It is Illeg by TripMaster+Monkey · · Score: 5, Interesting

    Unfortunately, your wrong.

    Unfortunately, his wrong what?

    Seriously, though...from TFA:
    This litigation follows a recent ruling from the Fair Trade Commission of Japan (JFTC), which found that Intel abused its monopoly power to exclude fair and open competition, violating Section 3 of Japan's Antimonopoly Act. These findings reveal that Intel deliberately engaged in illegal business practices to stop AMD's increasing market share by imposing limitations on Japanese PC manufacturers. Intel did not contest these charges.

    The European Commission has stated that it is pursuing an investigation against Intel for similar possible antitrust violations and is cooperating with the Japanese authorities.
    So, as you can see, these allegations are far from the 'drivel' you make them out to be.
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    ~ |rip/\/\aster /\/\onkey

  12. Re:You want Intel software to support AMD? by Anonymous Coward · · Score: 5, Insightful
    You want Intel software to support AMD?
    When the only difference is changing "if (processor.has(SSE) && !processor.is(AMD))" to "if (processor.has(SSE))", it's not a matter of "Intel's not supporting a competitor" -- it's "Intel's completely fucking AMD in every single possible way imaginable".
  13. Re:You want Intel software to support AMD? by RailGunner · · Score: 5, Insightful
    I want software that claims to support SSE2 optimizations to use those optimizations regradless of whether or not the CPUID = GenuineIntel or not.

    Nowhere on the IPP package does it say that it won't use optimized code. If someone wasn't a developer like I am, they might have just thought (incorrectly) that AMD chips are slower than Intel. This is false, as when I hand write the assembly code and use SSE2 the Opteron, even at 2.2 Ghz, blows the doors off of a 3.6Ghz Pentium 4 Xeon - and that's just 32 bit instructions. I haven't finished porting my code to 64 bit, and then I suspect that it'll be even more of a massacre in AMD's favor.

    Yes, image processing is more memory bound than CPU bound, but for things like jpeg compression the CPU matters. (And since the memory controller is ON the Opteron, it ends up absolutely rocking for image processing.)

  14. Re:You want Intel software to support AMD? by Andrew+Cady · · Score: 5, Insightful
    You want Intel software to support AMD?

    Why should they do that?

    Intel software doesn't have to support AMD, but it should not deliberately break on AMD CPUs.
  15. Re:Interesting by jafac · · Score: 5, Insightful

    It makes me sad to say this, but in the current political climate within the US, I don't think that any of this (what you're asking for) is going to happen.

    Much of the late-90's dotcom boom was predicated on the 1996 PSLR Act. This act was Clinton's ONLY Veto, over a Republican Congress, and they overrode him on it. This law opened the floodgates for corporate accounting fraud and corruption on an unprecedented scale, and only a very few of the criminals were ever caught or punished, including Enron, Worldcom, Citibank, Krispy Kreme, Arthur Anderson, Veritas, AOL, etc. etc. ad nauseum. The ones who were punished were given very minor slaps on the wrist, as a token gesture during a very brief era of symbolic regulatory tightening that began in late 2001, and ended recently with the appointment of Cox as SEC head.

    Cox was the criminal bastard who WROTE the PSLR Act. So the brief era of symbolic regulatory tightening on oversight of corporate accounting practices has ended. It is now open season on shareholders, and especially consumers. I predict that this AMD action will go about as far as Netscapes complaint against Microsoft. A long, drawn out, and profitably-entertaining courtroom drama, AMD will falter and die, somewhere along the way, and in the end, a slap on the wrist for Intel.

    Some of the folks who support this kind of wild-west business climate simply have a loyalty to their rich crony-capitalist buddies. Others have a more nationalistic ideology (They're an American company, we have to protect them so they can compete internationally - look what's happened to Boeing, they're effectively a jumbo-jet monopoly, but they're getting their asses handed to them by Airbus). In the end, companies like Intel, or Boeing, end up with no competition - and of course, it makes them still weaker. You think the Chrysler bail-out by the government had nothing to do with their eventual buy-out by Daimler? Corporate Welfare, whether by direct bailout, deregulation, or preferential treatment, or even special tax breaks, breeds nothing but dependent Corporate Welfare Queens. ONLY competition, in a fair, intelligently regulated marketplace, will breed excellence.

    --

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  16. Re:You want Intel software to support AMD? by hawkbug · · Score: 5, Insightful

    That's the smartest thing I've read on here all day - it's so true. When tech companies specifically break code because it's a competitor, just like Microsoft with IE only pages, it goes to show they can't compete, so they have to resort to intentionally breaking things, which only hurts the consumer.

  17. Intel began self-destructing several years ago. by Futurepower(R) · · Score: 5, Interesting


    MOD PARENT UP. Excellent comment.

    Intel began self-destructing several years ago. For example, in my opinion, the Intel consumer products division released lame, unfinished products. Eventually Intel reacted to the poor sales by closing the division.

    Like really, really scary horror stories? Here's one more scary than you've ever seen in film. Intel marketing has become detached from reality. Intel marketing people go to work every day, but they just pretend to have meaningful jobs and pretend to be doing something positive for Intel. They are zombies, and most of them don't appear intelligent enough to know that they are zombies. If you think this is an exaggeration, read this sentence from a recent email message from Intel Marketing (I'm talking here about Intel marketing, not Intel's advertising agency.):

    "Pass any three of the four tests before July 26, 2005 and your company will get a certificate of completion - plus you'll receive an Intel BunnyPeople Character." Here's an explanation with photo: Intel Bunny People.

    Intel has been giving those dolls away for 7 1/2 years. Maybe someone bought a huge number of them?

    How many technically-oriented people are motivated by the idea of receiving a doll? It goes like this: 1) Give Intel marketing your company's address and phone number and email address, so that they can spam you in the future. 2) Sit through boring marketing-speak, written by people who don't know or care about Intel products, or any technical product. 3) Take a test. 4) Get a doll?

    Intel management appears to have spun out of control. Apparently it is now all stock options and company politics, and nothing about actually doing well. The people in charge don't actually know what they are doing, and apparently care more about having their executive positions than making good products.

    Intel is known in Portland, Oregon, where it is based, for being abusive toward its employees. I'm guessing that the present problems really began about 12 or 15 years ago, when the Intel management, just before an enormous increase in profits, pleaded broke and reduced the pay of employees by 10%. Intel is known for over-working its employees, and pressing them to work very long hours.

    Once about 2 years ago, I decided to ask Intel marketing people to fix a problem with the motherboard web site. Intel's ordering model number, used when you place an order with a distributor, was nowhere connected on the web site with the marketing model number, like 845BGL. I asked them to fix that. I talked to several marketing employees, all of whom clearly did not intend to do any real work.

    I could tell many, many stories about Intel's sink into depression, but that's enough for now. I will have to say, however, that Microsoft's marketing people are worse.