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N.Y. AG Files Antitrust Lawsuit Against Intel

CWmike writes "New York Attorney General Andrew Cuomo has filed a federal antitrust lawsuit against microprocessor maker Intel, alleging that the company engaged in a 'systematic campaign' of illegal conduct to protect a monopoly. Cuomo's lawsuit alleges that Intel extracted exclusive agreements from large computer makers and threatened to punish those perceived to be working too closely with Intel competitors. Intel gave computer makers payments totaling billions of dollars in exchange for the exclusive agreements, and the company threatened to cut off payments to computer makers or fund their competitors when they worked with other microprocessor makers, the lawsuit alleged. Cuomo's lawsuit comes less than two weeks after news reports that the FTC is considering filing a formal complaint against Intel. 'Rather than compete fairly, Intel used bribery and coercion to maintain a stranglehold on the market,' Cuomo said in a statement. 'Intel's actions not only unfairly restricted potential competitors, but also hurt average consumers who were robbed of better products and lower prices. These illegal tactics must stop and competition must be restored to this vital marketplace.'"

37 of 169 comments (clear)

  1. It's the new fad by Bobnova · · Score: 5, Insightful

    Lets see if they do a better job on intel then they did on microsoft.

    1. Re:It's the new fad by Trepidity · · Score: 2, Informative

      While I wouldn't say the Microsoft anti-trust suit was nearly as successful as many of us Slashdot types would've hoped, it did have some benefits. It managed to stop a few pernicious practices, like exclusive licensing to OEMs (who weren't allowed to sell non-Windows OSs if they wanted to receive the normal favorable OEM pricing). It also provided a sort of hovering threat that forced Microsoft to at least think a little harder about whether they wanted to engage in new anti-competitive practices, since MS knew the cost of doing so would be higher than otherwise.

  2. Yawn. by DoofusOfDeath · · Score: 3, Interesting

    These illegal tactics must stop and competition must be restored to this vital marketplace.'

    With that language, I wonder if he's just going for a consent decree regarding future conduct, and maybe a slap on the wrist. I wonder if this will in any way lead to AMD being made whole.

    1. Re:Yawn. by Pulzar · · Score: 4, Insightful

      Yes, for awhile the Opteron series was kicking Intel ass all over the map. But, AMD never really did that much with it after awhile, and Intel finally removed head from ass to come up with Core.

      I guess the point here is that even though Opteron was kicking ass, AMD couldn't get past 25% or so marketshare, thanks to what Intel was doing to preserve its monopoly. It's hard to compete when your competitor can give Dell a billion dollars to stop them from buying any AMD.. (or threaten "jihad"!)

      If AMD was fairly allowed to sell the products they made a few years back, they might have had the resources to keep their fabs and fund research into next gen CPUs.

      --
      Never underestimate the bandwidth of a 747 filled with CD-ROMs.
  3. Find/Replace by Caviller · · Score: 3, Insightful

    Ah if only I could just use find/replace and find all 'Intel' in the article and change them to 'ISP X' then it would be a good day... Seriously, they should be going after the much more monoploistic ISPs in this country then Intel.

  4. I'll scratch your back.... by surmak · · Score: 4, Interesting

    I wonder if this has anything to do with AMD (err Global Foundaries) dropping a few billion on the construction of a plant a few miles from Albany?

    1. Re:I'll scratch your back.... by jellomizer · · Score: 3, Funny

      Shhh Quite. The government only has our best interest in mind... Nothing as petty a bringing billions of dollars to an ailing local economy that is right next to the state capital.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:I'll scratch your back.... by Gudeldar · · Score: 3, Insightful

      Does that change the facts of the case?

    3. Re:I'll scratch your back.... by Penguinisto · · Score: 2, Funny

      ...this is New York we're talking about, not Chicago. They're (well, supposed to be) more subtle about such things.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    4. Re:I'll scratch your back.... by brxndxn · · Score: 5, Interesting

      I'd say that viewpoint, which seems to be the mainstream on Slashdot, is like taking a single snapshot of a baseball game and acting like you can lay out the stats.

      This antitrust lawsuit is filed after a precidence of antitrust lawsuits from other countries against Intel. Right now, if we take a snapshot of how Intel is competing, Intel may be playing fair. However, in the past - especially during the relatively long time (in the IT world at least) that AMD had the clear technology lead - there are quite a few reasons why there should be an antitrust lawsuit.

      First of all, Intel only has the technology lead right now because Intel has more funds to dump into research and development. However, in the past, AMD leveraged themselves to put enormous amounts of funding into the Athlon and they came out with a clear technology lead. The market share barely followed. AMD had trouble selling their superior processors. The largest computer maker, Dell, was an Intel-only company. It's easy to be ignorant and blame bad execution on AMD's part - and maybe there was. But, there is some damning evidence that Intel was not playing fair. For example, AMD tried to give away 1 million processors to HP - and these were faster processors than Intel's at the time - but HP declined. Intel's pricing model was structured in a way to make it so that using any competitor in any small percentage would be more expensive than being 100% Intel only. They did this by using 'marketing rebates' that would directly correlate with the percentage of Intel processors sold.

      Face it.. the P4 sucked. It did nothing but suck for years. It was an awful processor. Yet, somehow, Intel kept its exclusive agreements long enough to keep AMD from gaining significant market share - which would have in turn allowed AMD to keep spending on R and D which would have allowed AMD to remain competitive. It takes YEARS to develop the next best processor. Intel is only sitting where it is because it successfully choked AMD years ago.

      For a few quarters, AMD was kicking Intel's ass - but it should have been kicking way more ass than it was. Also, AMD's financial situation is a result of leveraging themselves in order to compete with Intel and then not receiving the market benefits that normally come in a competitive industry with a technology lead.

      Further, it is hard to dismiss threats as evidenced in emails from Intel against business with competitors. Or, you can shove your head in the sand and call this entire complicated situation as all sorts of 'red herrings.'

      --
      --- We need more Ron Paul!
    5. Re:I'll scratch your back.... by Chris+Burke · · Score: 3, Informative

      I'll agree with you on the shady practices of Intel when the Athlon line was launched - but I don't think a one hit wonder like that should magically position AMD as the top chip maker.

      Nobody said they should have been the top chip maker -- that would have been impossible simply based on AMD's manufacturing capacity relative to Intel's. They should have gotten a lot more marketshare than they did, though, and that difference would have been huge for AMD. Companies like Dell and HP wanted to sell (more) AMD processors based on their merits, but the financial punishment that would come from Intel made it not worth it. That's a big deal.

      Brand recognition is one reason. Reluctance of professionals trusting AMD processors in server grade machines could be another. The P4 may have sucked but keep in mind that previously AMDs chips sucked as well, and for a long time the only thing AMD was good for was reverse engineering Intel designs

      Yes but those days were also long gone. AMD earned recognition as a chip designer in their own right with K6 as a budget processor, earned recognition as a chip maker capable of going toe-to-toe with Intel with the K7, and then knocked it out of the park with K8. The true customers of Intel and AMD, the OEMs, were well aware of AMD's "brand" and had no qualms about using them in server parts... Except for the interference by Intel. Did you see the email from Dell to Intel where they're basically telling intel that they're getting killed in the server market and Intel better do something? And intel's response is that the $billion they'd given Dell should compensate for their competitive disadvantage? Customers wanted to use AMD, but Intel made sure that AMDs marketshare was artificially limited.

      --

      The enemies of Democracy are
    6. Re:I'll scratch your back.... by drinkypoo · · Score: 2, Insightful

      I'll agree with you on the shady practices of Intel when the Athlon line was launched - but I don't think a one hit wonder like that should magically position AMD as the top chip maker.

      let's look at some realities. AMD's 386 and 486 beat the pants off their intel equivalents and the 586 was fairly competitive with the pentium. The K6 is a far superior chip to the P2 but it's a crap 386, but because of intel's hold nobody put effort into supporting K2 and it flopped; by the time the K6/3 came out with real x86 compatibility (think FPU) it was too late.

      Meanwhile, from the point the Athlon came out until the time the Core 2 Duo got its first price drop, AMD has had a clear technology lead over Intel no matter how you measure it. What happened? AMD has been executing like crazy. I can't believe they just failed, sorry.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  5. Re:Politicians + Tech = Bad by CannonballHead · · Score: 2, Funny

    but I very seriously doubt whether Andrew Cuomo could tell a microprocessor from a microbrew

    Well, that depends on how many he has had.

  6. Maybe Intel needs a new CEO and Board. by Futurepower(R) · · Score: 2, Informative

    My understanding, from talking with Intel employees, is that Paul Otellini is not a good CEO.

    My understanding is that only one member of the Intel Board of Directors has any technical knowledge. How can people with no technical knowledge oversee an enormously high-tech company? They can't.

    Intel board member John L. Thornton was president and CEO of Goldman Sachs Group, it says. Goldman Sachs helped engineer the present financial collapse. Since the collapse, Goldman Sachs has been very profitable. The U.S. government has done NOTHING to prevent further abuse.

    1. Re:Maybe Intel needs a new CEO and Board. by hemp · · Score: 3, Informative

      I think you misunderstand the purpose of a Board of Directors. Their job is not to oversee the company, that is management's job. Their job is to look out for the interests of the stockholder.

      --
      Skip ------ See the latest from http://www.anArchyFortWorth.com
    2. Re:Maybe Intel needs a new CEO and Board. by ClosedSource · · Score: 4, Insightful

      "Their job is to look out for the interests of the stockholder."

      But the job they really do is to look out for the interests of board members in general (e.g. if you give me big bucks for being CEO then I'll give you big bucks for being CEO through my buddy who sits on your board of directors).

    3. Re:Maybe Intel needs a new CEO and Board. by Chris+Burke · · Score: 4, Insightful

      (e.g. if you give me big bucks for being CEO then I'll give you big bucks for being CEO through my buddy who sits on your board of directors)

      If it's even that indirect as to have to be "a buddy" rather than the CEO in question themselves.

      My company's last CEO was, in addition to being Chairman of the Board of the company he headed, also on the Boards of two other companies.

      It's a big incestuous network. When would the board ever not vote to increase executive compensation, or to create actual incentives not to run companies into the ground? Golden parachutes and ever-increasing bonuses (always to "maintain competitive with industry standards" that they created) are a direct result of this inbreeding.

      --

      The enemies of Democracy are
  7. Re:Adobe by Pulzar · · Score: 2, Insightful

    Because, if you look around a bit there are free, functional replacements for almost everything that Adobe makes.

    You must not use much of their portfolio professionally to say that. The free replacements are quite non-functional for anything but most basic tasks.

    On the other hand, there are lots of commercial offerings that compete well with Adobe's products. Other than Photoshop and Acrobat, all of their other heavyweights (Illustrator, After Effects, Premiere, Dreamweaver, etc.) have significant competitors. I'm not really sure why they should be considered a big bad monopoly.

    --
    Never underestimate the bandwidth of a 747 filled with CD-ROMs.
  8. Re:Govt Seizure of Private Business by Captain+Splendid · · Score: 2, Insightful

    This time, the govt will just seize the corporation and take over. All in the name of national security and importance to the economy or whatever.

    As a leftard, I WISH! Seriously, you teabaggers need to stop prickteasing me with all this socialism that's supposed to happen, but doesn't.

    --
    Linux, you magnificent bastard, I read the fucking manual!
  9. Re:SpitzerSwallows? by TheRealMindChild · · Score: 4, Insightful

    If you can't see a monopoly abuse on Intel's part at this point, I'd say you are the one with the agenda.

    Besides, isn't doing good things so that you can get reelected SUPPOSED to be the way things should work?

    --

    "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
  10. NO Govt Seizure of Private Business by Anonymous Coward · · Score: 4, Insightful

    Really, the simplest and most effective solution is to line up a few greedy CEOs and shoot them dead. Then the ones that weren't executed will know you mean business, that they need to play fair. So, if CEOs are as smart as they are supposed to be, to hold those corporate positions, only a very few need to be executed, for the message to be thoroughly understood and acted-upon.

    1. Re:NO Govt Seizure of Private Business by ae1294 · · Score: 4, Interesting

      Really, the simplest and most effective solution is to line up a few greedy CEOs and shoot them dead. Then the ones that weren't executed will know you mean business, that they need to play fair. So, if CEOs are as smart as they are supposed to be, to hold those corporate positions, only a very few need to be executed, for the message to be thoroughly understood and acted-upon.

      That wouldn't work, although we can give it a try anyway.

      Sociopaths, by their very nature, do not see others as human beings equal in any way to themselves. They are unconcerned about any adverse consequences received by others due to their own actions or the actions of others.

  11. Re:Adobe by abigor · · Score: 2, Insightful

    Assuming Adobe has a monopoly in some area or other, precisely how have they abused it?

    The illegal part is the abuse/protection, not the monopoly itself.

  12. Re:Govt Seizure of Private Business by brian0918 · · Score: 2, Insightful

    It means a government-induced monopoly. No competition can exist because it is illegal to build on these public "properties".

  13. The result was very well known in advance. by Futurepower(R) · · Score: 2, Informative

    "bubble keep going up". Bubbles don't always go up. That's why they are called bubbles.

    Everyone in the financial industry knew two things: 1) The bubble would collapse, and 2) The U.S. government, led by the Federal Reserve Bank, composed of former financial industry executives, would make the taxpayers give money to the financial institutions.

    You didn't read the Rolling Stone article linked in the grandparent comment, did you? Or anything else about Goldman Sachs and the financial collapse?

    Note that the "Federal Reserve Bank" is not a bank, it is not federal, and there is nothing in reserve. Three lies in three words, in the name!

    This Slashdot comment, The Investment Banking cohorts JPMorgan Chase and Goldman Sachs are the **huge** winners, discusses some of the new ways Goldman Sachs will make money in the future using the power of government. That Slashdot comment links to the Rolling Stone article, but that copy of the article has been removed. See the link to the article in the grandparent comment.

    The corruption is not new. For example, see the May 13, 2002 article in Business Week, How Corrupt Is Wall Street? New revelations have investors baying for blood, and the scandal is widening Quote: "Consider Enron, which has paid $323 million to Wall Street in underwriting fees since 1986, according to Thomson. Goldman, Sachs & Co. (GS ) pocketed $69 million of that..." Enron, of course, went bankrupt when it was discovered the company was dishonest.

    Beginning in 2002, Warren Buffett began very publicly calling derivatives "financial weapons of mass destruction". That particular part of the corruption was allowed by the removal of laws designed to prevent fraud, at the beginning of George W. Bush's first term. Nothing was done to reinstate the laws, and that's why we are suffering now. Why was nothing done? Numerous articles say the corruption was allowed to happen because Goldman Sachs people, and other financial company executives control the U.S. Federal Reserve Bank.

    If the past is any guide, Intel will be fined a trivial sum like $100 million, and the corruption and anti-competitive activity against AMD will continue.

    Part of loving the U.S. is becoming aware of, and trying to stop, the corruption in government.

  14. Please state Libertarian position? by thickdiick · · Score: 2, Interesting

    I would like to know what the Libertarian position is on monopolistic competition?
    I believe one ought be free to do what one wishes with one's money, and it follows that paying someone (some people call it bribery) to persuade them to a position is fine. The problem is i haven't studied this and, not being an expert, it's difficult for me to see negative externalities that may ensue should this be brought into practice. Any advice?

  15. Oversight with no understanding? by Futurepower(R) · · Score: 4, Insightful

    How can a board of directors "look out for the interests of the stockholder" if the directors cannot understand the business of the company?

    1. Re:Oversight with no understanding? by MBGMorden · · Score: 2, Insightful

      Indeed. Without knowing SOMETHING about the business of the company about the best they can hope to do is walk around slapping people on the asses and saying "Keep up the profits n' shit!".

      That and making background deals with company to "buy our stuff". They probably don't even know what stuff they're selling, just that they want people to buy it.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
  16. Breaking the law is okay with you? by Futurepower(R) · · Score: 2, Informative

    Could you explain to me how you think that allowing a company to break the law is looking out for the interests of the stockholder?

    1. Re:Breaking the law is okay with you? by cyber-vandal · · Score: 3, Insightful

      That's because corporate officers treat the law as a business expense and if it's cheaper to ignore it and pay any penalties they may incur then that's what they do. Microsoft are a classic example of that (sorry shills but it's true). That means there's more money for the stockholders (which includes the aforementioned corporate officers).

  17. Delaware? by NullProg · · Score: 2, Interesting

    Cuomo's lawsuit, filed in U.S. District Court for the District of Delaware Wednesday, alleges that Intel extracted exclusive agreements from large computer makers and threatened to punish those perceived to be working too closely with Intel competitors.

    Why is the New York AG filing lawsuits in Delaware?

    Enjoy,

    --
    It's just the normal noises in here.
    1. Re:Delaware? by XanC · · Score: 3, Informative

      Because Intel (like most other large corps, I think) is incorporated in Delaware.

  18. They couldn't make Microsoft stop by amiga3D · · Score: 2

    Why bother? Intel is just as nasty as M$. If they couldn't make microsoft behave why do they think they can make Intel do right?

  19. Re:Govt Seizure of Private Business by brian0918 · · Score: 2, Insightful

    Are you even paying attention to what we're talking about?

    Turning your brain off doesn't make problems go away. We're talking about ISPs with government-granted monopolies supported by the restriction against the creation of competition.

  20. Re:Does it strike you as ironic? by ClosedSource · · Score: 2, Interesting

    The recent anti-trust scam is about defining the market so that the target is a monopoly by definition. That's why "server" computers (that might even use PC hardware) were artificially excluded from the "market" so that MS could be considered a monopoly.

  21. Re:Govt Seizure of Private Business by Red+Flayer · · Score: 3, Informative

    We're talking about ISPs with government-granted monopolies supported by the restriction against the creation of competition.

    And the alternatives to government-authorized and strictly-regulated monopolies in a market with natural monopoly tendencies are...

    1. No service provider
    2. Unregulated monopolies.

    Maybe you weren't around when telephone and/or cable infrastructure was being built out. The choice was: license a monopoly, or get no service.

    Even now, these markets tend to natural monopolies due to high overhead and infrastructure costs. So if we deregulate, we'll still end up with a monopoly... but it'll be less regulated one. Yay.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  22. Fab Capacity by PhrstBrn · · Score: 2, Insightful

    I think that people are either forgetting or ignoring this point:

    AMD doesn't and didn't have the fab capabilities to take the market overnight. It would take a long time to start eating away the market share that Intel has. The amount of fab capacity that Intel has is enormous. They could stockpile months of chips if they wanted. AMD was selling chips as soon as they came off the production line.

    AMD could not have gone to Dell and said "I'll supply all of your x86 chips cheaper than Intel, buy mine instead" if they wanted to. They wouldn't have been able to keep up with the demand.