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Intel Fires Back At FTC In Antitrust Suit

adeelarshad82 writes "Intel has responded to the Federal Trade Commission's antitrust investigation, unsurprisingly challenging the FTC's allegations as well as criticizing the agency for what the company calls an attempt 'to turn Intel into a public utility.' The motion is a response to the FTC's December announcement of a lawsuit brought by the FTC, accusing Intel of anti-competitive practices. Intel also goes on to provide a paragraph-by-paragraph rebuttal of the FTC's complaint and proposed remedy, although most of the company's response seems designed to promote the impression that those that failed, failed on their own."

16 of 122 comments (clear)

  1. The general problem Intel has by JoshuaZ · · Score: 2, Insightful

    The general problem Intel has is that at a default level even before any of the facts are in, chip-making is an area where anti-trust concerns make a lot of sense, more so than they necessary do in other areas (such as software). Chip-making has massive initial start-up cost. Thus, it is like the classic economic example of the steel mill where it is almost impossible for new competitors to enter the market. Thus, even if Intel shows that they haven't actively abused their role (such as the FTC's claims about Intel threatening buyers about loss of discounts in event of them buying from competitors) there might still be a strong case for some form of intervention.

    1. Re:The general problem Intel has by rickb928 · · Score: 2, Insightful

      Interesting, and I had to put away my mod points and respond.

      "it is like the classic economic example of the steel mill where it is almost impossible for new competitors to enter the market"

      I suspect that if this is the theory the FTC is presenting, Intel is correctly going to counter that this is neither sufficient grounds for additional restrictions, nor is it actually a hindrance in today's or even last year's market.

      There are some competitors to Intel (AMD) that don't even OWN fabrication facilities. They have access to competitive foundries that can produce their product. Similarly, competitors such as Freescale etc. also have their own foundries and can even find other manufacturers. There is a thriving boutique business for chips, and multiple CPU makers with multiple manufacturing options.

      Now, if the FTC thinks Intel has an unfair advantage because they own their fabs, well, AMD chose a different route. Emphasis on CHOSE. The FTC is not chartered to address a competitor's poor choices, if indeed AMD made a poor choice in being fabless.

      Intel has a good point. If the a major point of the FTC's inquiry is that they have an integrated presence in the market, then is Intel being penalized partly for merely being successful, and making good business decisions? Pah. They are in a competitive business. AMD is suffering as much for their choice in manufacturing partners as anythuing right now. Design aside.

      The FTC has to do better than this.

      ps - It should be obvious IANAL.

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      deleting the extra space after periods so i can stay relevant, yeah.
    2. Re:The general problem Intel has by Locke2005 · · Score: 2, Insightful

      CPU manufacturing is what is known as a "natural monopoly"; I really don't think the global market can support more than 3 companies doing this. That still doesn't justify Intel's use of "co-marketing" money, wherein Intel pays all of PC vendor's advertising costs, but only if they don't use competitor's chips. Intel is willing to do practically anything for a "design win", but that is just good ol' fashioned competition. Unfortunately, it is difficult to separate the effects of Intel's anti-competitive behavior from the effects of Intel's competitors simply having far fewer resources with which to compete. I, for one, would be happy if computer customers were free to choose whatever CPU they want without interference from Intel. (Just like they should be able to choose whatever OS they want without interference from Microsoft.) Intel has shown that except for major screw-ups like Whitehall, they can compete quite well based just on innovation and actual merit. But consumers are best served by having a choice, which keeps Intel honest.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    3. Re:The general problem Intel has by Deosyne · · Score: 3, Insightful

      Yeah, there was way too much common sense in that posting to have anything to do with our legal system.

    4. Re:The general problem Intel has by Chris+Burke · · Score: 4, Insightful

      I suspect that if this is the theory the FTC is presenting, Intel is correctly going to counter that this is neither sufficient grounds for additional restrictions, nor is it actually a hindrance in today's or even last year's market.

      That is not the theory the FTC is presenting, and the issues that the FTC is investigating don't involve today's or even last year's market.

      The theory involves intel's business practices over many years and their efforts to lock out or marginalize them by making agreements with OEMs that said they were required to do exactly that or be at a huge competitive disadvantage vs everyone else who was willing to play ball with Intel. Just as one example.

      There are some competitors to Intel (AMD) that don't even OWN fabrication facilities. They have access to competitive foundries that can produce their product.

      Yes AMD chose to spin off their fabs, because they literally had no other choice. Debt was piling up, and this made securing the incredible amount of funding necessary to build new fabs impossible.

      But barring their own spun-off fabs, no they do not have access to "competitive foundries" that can produce their product. Intel was already ahead of AMD's fabs, and AMD's fab is ahead of all the foundries (not counting that AMD uses SOI and all the foundries use bulk), who have neither the capacity nor the time to dedicate to tweaking their processes specifically for AMD's needs so they have a chance of remaining competitive with Intel. AMD is just as dependent on "their own" fabs as ever.

      That said, Intel having a fab and AMD selling theirs off (though it's still on AMD's books) is not the FTC's complaint as TFA explains. You rread a lot into the OP that wasn't really being said. They just said anti-trust made sense in chip sales because of the barriers to entry. The actual issue was and is anti-trust, not the barrier to entry itself.

      Similarly, competitors such as Freescale etc.

      Sorry but LOL.

      The FTC is not chartered to address a competitor's poor choices, if indeed AMD made a poor choice in being fabless.

      That's right, they are chartered to address anti-competitive business practices on the part of the monopolist, which is what they are doing.

      Intel has a good point.

      Intel is not making the point you think they're making.

      Also, they will of course say they have a good point, but it's the exact same points they made to the Japanese and EU trade commissions and during AMD's lawsuit against them, and they didn't fly then. Our FTC seems to move even slower than the others, but part of the reason they're waiting so long and talking about issues from the past is because they have spent a long time investigating and gathering evidence to make their case.

      Assuming they have some of the same evidence as the EU that I've seen, Intel doesn't have much of a chance. Though even without that, anyone paying attention through the 90s and early 00s knows what Intel was up to.

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      The enemies of Democracy are
    5. Re:The general problem Intel has by Chris+Burke · · Score: 2, Insightful

      That's not a mistake Intel should have to pay for.

      And they're not paying for anything having to do with AMD's actions, they're paying for their own business practices. Try to keep up please?

      --

      The enemies of Democracy are
    6. Re:The general problem Intel has by hairyfeet · · Score: 2, Insightful

      I think what is ultimately screwed Intel is the fact that they paid their OEMs to NOT use any AMD chips, and made it clear that any discounts would go bye bye if so much as a single AMD chip went out the door. I wish I could find the link, but as another poster says Intel puff pieces dominate Google right now.

      But you can find proof of it probably in your very own home. Remember back five years ago, when Intel was running Netburst, which was a pig for power, ran like a space heater, and was slower than just about every AMD chip made? While AMD wasn't the truly insane "bang for the buck" it is now, their chips were still quite affordable and the benchmarks kicked every single offering Intel had, yet AMD didn't gain ground. Why? With OEMs having bullet points to stick on the box is a BIG plus, and having the benchmark leaders helps to sell boxes. Not to mention the lower power requirements means less powerful PSUs, and fans, and all that adds to the bottom line. Yet they STILL didn't gain. Why?

      Because Intel paid off the OEMs that's why. I would point out this quote from an the article as an example, "Its executives agreed that Intel's financial inducements amounted to "cocaine," but said they were hooked because re-engaging with AMD would jeopardize Intel market development funds estimated to be worth $25 (million)-$30 million per quarter."

      And THAT is what is gonna come back to bite them in the ass, just as it did MSFT. Giving discount to volume customers is one thing, tying those discounts to cutting your competitors completely out of the market is another. I'm sorry but they need to be busted. Being tough in the market is one thing, paying off your partners in backroom deals to screw the other guy is antitrust bait. Hopefully Intel will be stopped from pulling this crap in the future, and since AMD used a good portion of their 1.25 Billion dollar settlement from Intel (which if there wasn't any skeletons about to fall out the closet I doubt Intel would have shelled out the cash) to pay off their ATI debts I can only hope AMD comes out better so there is real competition. Because I don't know about you, but I have no desire to go back to Intel being the only game in town. I like being able to build a nice quad for less than $750, thanks ever so much.

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      ACs don't waste your time replying, your posts are never seen by me.
  2. Government is best at deciding about the economy by antirelic · · Score: 2, Insightful

    From the article "In 26 statements of "contemplated relief" contained in its complaint, the FTC described what Intel's must do and not do to preserve competition."

    Right, because when I think of people who know how to run a business (ya know, an entity with 10 trillion dollars in debt), I think of the Federal government. Who are these people who think they know how to maintain competition? Obviously not people who can make it in the private sector so they go work for the FTC and act like little emporers, "sticking it" to the businesses that they could never succeed against, or within.

    Give IBM 700 billion dollars and I guarantee that the unemployment would be well below 10% (or 17% real unemployement). Give 700B to the fed and what happens???

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    20th century Marxism is not progress...
  3. Re:Government is best at deciding about the econom by Snarkalicious · · Score: 3, Insightful

    Preservation of competition is about maintaing the health of the consumer market. The FTC isn't saying that Intel doesn't know how to make money, but that their practices are threatening to the maintenance of a robust competitive market. Capitalism without a framework of rules and standards that is about as sustainable over the long-term as the communist shadows your sig line is barking at. Take it from a left wing progressive: The policies put forth by Obama are centrist. The center has just been far enough to port long enough that most folks don't recognize it anymore. Oh, and when we gave the Fed those billions, what they did was to prevent a total sieze-up of credit markets, without which large scale economic movement is essentially impossible. What they did there was to save capitalism from the ravages of an underregulated market.

  4. Re:Government is best at deciding about the econom by DigiShaman · · Score: 1, Insightful

    There is a huge difference between anti-trust action, and State take-over of a company. We've already seen this happen to the Banking and Auto industry. Both have been epic failures on all fronts! Do we as a nation want the Federal Gov taking over the direction of how Intel conducts business and even production?

    If any of you said "Yes" to my last question, then you are a Facist/Statist and should be drug out on the street and shot IMHO!!! This cannot be allowed to stand.

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    Life is not for the lazy.
  5. Re:Government is best at deciding about the econom by locallyunscene · · Score: 2, Insightful

    The Federal Gov't. didn't force a takeover. They said "here's some money, it's comes with strings attached". The banks hoped those strings wouldn't be enforced, but that hasn't been the case(thankfully). A lot of banks have opted to pay the money back. I sincerely doubt this would have been the case if they had just been given a blank check.

    The automakers are just F***** and have been for a long time. Their bailout was to soften the blow of all of them going down in close proximity, and at a time when there was no faith in the economy. Maybe it wasn't needed, maybe it prevented a lot of suffering. I'll wait until we're on the other side of this recession to see what the effects were.

    Also I love how you say "There is a huge difference between anti-trust action, and State take-over of a company" in your first sentence and then equate the two in your last.

  6. Re:Except.... by BlackSnake112 · · Score: 2, Insightful

    Was that due to competition or what the unions did which drove costs up for the US steel plants?

  7. Re:I don't quite get it... by phantomfive · · Score: 2, Insightful

    Or maybe Intel just has a really awesome marketing department. Seriously, have you ever heard of 'AMD Inside?' I heard stories of executives in the 90s who would say things like, "I don't know what that Intel stuff is, but I want some of it in my computer." I'm not sure if what Intel did market manipulative things or not, but they definitely rocked AMD on the marketing front.

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    Qxe4
  8. Re:Government is best at deciding about the econom by thetoadwarrior · · Score: 1, Insightful

    No one said the government was taking over Intel and don't you have a town hall meeting to attend to proclaim Obama an illegal immigrant or something?

  9. Re:I don't quite get it... by cheesybagel · · Score: 2, Insightful
    Sure Athlon was hot. But so were the Intel alternatives. Intel could not even get a working 1 GHz Pentium III in 0.18um in any decent quantity. Pentium 4 same thing.

    AMD got a bad rap at a time because their processors did not have an integrated temperature measurement diode like the PIII did. This meant if a processor was inadequately cooled you could get a burn out processor. They fixed that in Palomino (Athlon XP). Still, compared to the hardware bugs in the i820 chipset, or the paper launch of the 1GHz PIII, it was no biggie.

  10. Re:I don't quite get it... by farble1670 · · Score: 2, Insightful

    something like this:

    • intel: going to ship AMD-based systems are you?
    • PC manufacturer: yes.
    • intel: oh really. by the way, the price of that lot of intel CPUs you plan to purchase just doubled.
    • PC manufacturer: ...

    the PC manufacturer had to ship intel-based systems because there was some significant portion of consumers that recognize the intel brand name ... despite the fact that intel-based CPUs were inferior to AMD at the time. that's called anti-competitive practices ... for the obvious reason that AMD wasn't being allowed to compete based on price / technical / marketing merits.

    would intel have technical superiority over AMD right now if the playing field was level during the 90's-00's? good question.