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Intel Faces $1.3B Fine In Europe

Hugh Pickens writes "European antitrust regulators, who have been aggressively pursuing what they see as anticompetitive practices among technology companies, could impose their largest fine ever in a market-dominance case against Intel. The commission began investigating Intel in 2000 after Advanced Micro Devices, its arch-rival, filed a complaint. In two sets of charges, in 2007 and 2008, the commission accused Intel of abusing its dominant position in chips by giving large rebates to computer makers, by paying computer makers to delay or cancel product lines, and by offering chips for server computers at prices below actual cost. Some legal experts speculate that Intel's fine could reach about a billion euros, or $1.3B. 'I'd be surprised if the fine isn't as high or higher than in the Microsoft case,' said an antitrust and competition lawyer in London. In 2004 Microsoft paid a fine of €497M, or $663M at current exchange rates, after being accused of abusing its dominance; the EU imposed another $1.3B fine in Feb. 2008."

13 of 280 comments (clear)

  1. Ouch! by Spatial · · Score: 5, Insightful

    I like Intel's hardware, it's really impressive. But that kind of crap can't go unpunished and it's nice to see a penalty with some teeth, even if it's only potential teeth right now.

    1. Re:Ouch! by reashlin · · Score: 5, Insightful

      The problem is not intel selling high quality goods for a low price. The problem is intel using their size and market dominance to threaten retailers into not using competitors products. Intel have been ensuring by force that AMD are not even getting a chance to hit "shelves" with their products. That really is a bad things for everyone.

    2. Re:Ouch! by Sunshinerat · · Score: 5, Insightful

      Exactly, when Intel finally pushes AMD out of business, the practice of selling server class hardware below market will no longer continue. The loss will be recovered, this time by one single vendor.

      We have seen this before, however, an open source chip maker producing free chips is not so likely. That is why Intel must be kept in line.

      --
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    3. Re:Ouch! by Timothy+Brownawell · · Score: 4, Insightful

      For example, the RepRap project, while far from having a tool that can manufacture chips, could in theory be advanced until it is capable of doing so.

      RepRap is a toy and a joke, and works in a way that cannot be used to produce chips even if it could be shrunk sufficiently.

      It's not like computer chips require expensive materials to manufacture. They're made of the cheapest stuff on earth.

      The expense comes from the amount of work needed to prepare the materials and make the manufacturing equipment.

      Hell, if a government that isn't motivated by profit and leverage were to seize one of those fabs, they could use them to make hundreds of chips for every man, woman and child on earth.

      Given that companies will often have more than one fab and can still be limited by manufacturing capacity, I think you're overestimating how much could be produced.

      The scarcity only exists because we allow them to shut the things off and hold them over our heads like carrots to make us jump.

      Or, you know, because they're bloody expensive to build and operate. Or can you make plasma etchers, ion implantation machines, photolithography machines, etc, in your basement?

  2. Re:WTF EU by erroneus · · Score: 5, Insightful

    It is a practice called "DUMPING" designed to force the competition to either operate at a loss until they die or simply give up in the marketplace. Afterward, of course, the perpetrators jack their prices beyond what it should be, slow R&D so they can sell their old stuff faster and then set about abusing the market as a monopoly unimpeded.

    Yes, indeed, it is illegal to "dump" your stuff in order to harm the competition.

  3. Re:It's illegal to make contractual sales in the E by TheMeuge · · Score: 4, Insightful

    Again, unless they're giving these chips away, what's the problem? I'd be inclined to do the same thing, and I'd be shocked and amazed if the OEMs didn't suggest it and perhaps even push the idea themselves. (But honestly, both sides stand to profit from the arrangement. Follow the money...)

    Well... this is the Wallmart Syndrome at its finest. Sell at or below cost until your competitors are bankrupt.

    Just because Intel has money to burn, doesn't make it right. I don't see why anyone would encourage these practices, because they lead artificially deflated market prices for goods, coupled with monopolization, and sandwiched on top of a liquidity crisis. Does that sound familiar?

    Because it should.

    The consumers lose... the stockholders lose... Nobody wins here, except whoever got rich in the meanwhile.

  4. Re:WTF EU by m.ducharme · · Score: 5, Insightful

    In that alternate dimension where governments, not corporations, get to decide what the laws are. If Intel wants to do business in Europe, they have to abide by European law.

    --
    Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
  5. Re:WTF EU by Red+Flayer · · Score: 5, Insightful

    In what alternate dimension does the EU exist where the above are illegal? Because AMD isn't large enough to do the same they get to have the EU demand minimum prices on processors?

    Not an alternate dimension. This dimension. This plane.

    Intel had a market-dominating position, with AMD barely sniffing that their knees in the early 2000s. They also had a big fat cash surplus. So, they decided that by selling at a loss, they could keep AMD from breaking into the market; once AMD was bankrupted, or not able to compete, then they could raise their prices back up and begin raking in the cash.

    This is a very, very classic example of anti-competitive behavior. It doesn't get much more textbook than this.

    Because AMD isn't large enough to do the same they get to have the EU demand minimum prices on processors?

    No. Because Intel was dominant in the market, they couldn't sell at a loss to drive a much smaller competitor out of the market.

    Note that this is illegal in the US as well as in the EU. I suggest before you get your panties in a wad about how this possibly couldn't be illegal, you actually bother finding out why it's illegal.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  6. Re:Is there any point? by JustinOpinion · · Score: 4, Insightful

    Guess who it's going to be passed onto? Intel gets fined and I suspect that by some remarkable coincidence the prices of their chips mysteriously increase.

    Yeah that's the point.

    Intel have been able to keep their market share artificially high by abusing their dominance. This has made it difficult for other companies to compete. If Intel is forced to raise prices to cover the fines, then this gives other companies the chance to gain market share by competing on price.

    In other words, the fine restores some amount of competition, as intended, and serves as a deterrent against continuing to abuse dominance, as intended.

  7. Re:Is there any point? by samwise668 · · Score: 5, Insightful

    As an european i'd say let the europeans benefit from the fines if the US is not interested in punishing those who broke the law by abusing their monopoly.

  8. Re:I'm confused by Chris+Burke · · Score: 5, Insightful

    How are most of these practices problematic? Why should there be anything wrong with them selling chips for servers at below cost? Yes, it keeps them dominant but the result is cheaper servers for the rest of us. If the point of anti-trust regulations is to benefit the consumer then it isn't clear to me what the problem is with that aspect.

    It can be confusing, if you only think about the cheaper servers you get today. If you had been around before AMD was competing with Intel on more than the budget desktop space, or even worse when AMD was nothing more than a second-source supplier of x86 chips, then you'd see the danger inherent in this and be petrified. Do you know how much Intel charged for a server chip before the Opetron came out? A high-end Xeon could cost you $4000 just for the processor. Shortly after the Opetron, that dropped to just over $1k. When they had no competition in the server market, they could charge whatever they wanted, and they used the buckets of money made there to fund price wars with AMD on the desktop. When they had no competition in the desktop market, they simply charged whatever they wanted for all their chips.

    So today you get cheap servers, sold below cost and funded by Intel's significant cash reserves and still quite high margins in laptops. Tomorrow, when cash-strapped debt-laden AMD folds because they can't afford to sell chips below cost, Intel once again has the market to itself. And. You. Don't. Want. That.

    Whether it should be illegal or not is debatable, but whether it's good for you in anything but the very short term is not.

    --

    The enemies of Democracy are
  9. Re:Is there any point? by holmstar · · Score: 5, Insightful

    Right, so If I have 10 billion in cash, and you have 1 billion in cash, I can drop the price on my product to well below cost, and take the hit. If you try to do the same you will run out of money before I do, and I will win. And THEN i can raise my price back to where I think it should be, ie 2 or three times the cut rate price.

    So what you are suggesting is that you want to pay a higher price for what will become a rather mediocre product. (why try to make a better product if you don't have any competition? Research costs a lot of money.)

  10. Re:Then why not give the $ to AMD? by Anspen · · Score: 4, Insightful

    However, you're right that the EU is also motivated by the money, and the judgment is likely to be skewed by a conflict of interest.[..] That would be the most fair because the EU regulators would not have a conflict of interest. It would also really help those companies (ok, AMD) who were hurt by Intel's practices to regain ground that they lost.

    And your basing the existence on a conflict of interest on what? Money from fines is put into the general budget, which is agreed upon long beforehand. Any extra income does not mean the commision gets to spend more, it just means the member states pay less (and that's not even taking into account that the commission has far less control over the money it does have than most governments). By that logic all financial penalties, including fines and tickets should not go be paid to originating party.