30/04/2009, 09:45 PM
Short version: Intel has been accused of abusing their market power and other actions.
Quote:BRUSSELS — European antitrust regulators, which 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 the chip maker Intel.- Source: [NYTimes]
The size of the penalty will be discussed by representatives from 27 European Union governments in early May. The decision would follow landmark rulings by the European Commission against Microsoft, which also is being investigated over its Internet Explorer browser, and a settlement with I.B.M., which is again the subject of a complaint.
The commission began investigating Intel in 2000 after Advanced Micro Devices, its archrival, filed a complaint. Both chip makers are based in the United States.
In two sets of charges, in 2007 and 2008, the commission accused Intel of abusing its dominant position in computer chips by giving large rebates to computer makers, by paying computer makers to delay or cancel product lines and by offering chips for powerful server computers at prices below actual cost.
Intel has said that it has done nothing wrong and that European officials have investigated the case in a way that imperils its rights of defense.
“Over all, Intel’s conduct is lawful, pro-competitive and beneficial to consumers,” Robert Manetta, an Intel spokesman in London, said Wednesday.
Microsoft, the world’s largest software company, has faced the biggest financial penalties to date, accused of abusing its dominance. It paid a fine in 2004 of 497 million euros, or $663 million at current exchange rates.
In the Intel case, “I’d be surprised if the fine isn’t as high or higher than in the Microsoft case,” said Howard Cartlidge, the head of the European Union and competition group at the law firm Olswang in London. “Technology markets are where the European Commission has perceived particular problems due to dominant companies.”
Some legal experts speculate that Intel’s fine could reach about a billion euros, or $1.3 billion. Intel’s annual sales were $37.6 billion in 2008.
Michael Reynolds, a partner in the international antitrust group in Brussels at the law firm Allen & Overy, said such a large fine would be more likely in a case involving cartel behavior, which is not at issue with Intel.
European regulators have also fined Microsoft 279 million euros and 899 million euros on the grounds of failing to comply with European Union orders in antitrust cases, but these were administrative penalties.
The market research firm International Data Corporation says Intel had 81.9 percent of the global market for personal computer chips in December, compared with 17.7 percent for A.M.D.
The commission can fine companies up to 10 percent of their global worldwide sales for antitrust abuses. But applying the formula strictly could put companies out of business rather than lead them to change their business practices.
A person with knowledge of the commission’s deliberations said the agency was planning to highlight specific instances of suspected illegal discounting and order an end to those practices.
The European charges against Intel are confidential. But A.M.D. laid out some of its concerns about Intel’s behavior in Europe in a civil case filed in Delaware in 2005.
In that case, A.M.D. said its share of business with the European computer maker Fujitsu-Siemens fell after Intel offered a “special discount” on chips. According to A.M.D., Fujitsu-Siemens accepted the discount in exchange for hiding references to A.M.D. computers on its Web site and in a retail catalog.
A.M.D. also said in the case that a leading retailer based in Germany, Media Markt, carried Intel computers exclusively in exchange for annual payments by Intel. In Britain, DSG, the parent company of the retailers Dixons and PC World, limits A.M.D.’s share of its business to less than 10 percent because of payments by Intel, according to A.M.D.
Intel has been engaged in a lengthy, multifaceted battle with antitrust authorities across the globe. In Japan, Intel agreed in a consent decree in 2005 to modify its practices, without admitting wrongdoing. In the United States, the Federal Trade Commission is also investigating.
In June, the Korea Fair Trade Commission fined Intel 26 billion won, or about $19.5 million at current exchange rates, for abusing its dominant position in the microprocessor market by offering rebates to South Korean computer makers in a way that unfairly harmed A.M.D. Intel has appealed in that case, saying that the Korean commission failed to understand the workings of the microchip market and neglected to take into account important evidence.