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Intel seeks to limit AMD case

by Iain Thomson

05 May 2006

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Intel has filed a brief in its court case against AMD that seeks to limit the scope of the case to US activities only. 

If successful AMD would not be able to draw on evidence of alleged anti-competitive practices overseas, such as an 11-month investigation by the Japan Fair Trade Commission into Intel's business methods in Japan, and details from the EU's raids on Intel's offices as part of a similar investigation.

"Before subjecting Intel to the burden of defending its foreign business practices in a US court, AMD must meet the burden of establishing that this court has subject matter jurisdiction over AMD's foreign commerce claims," Intel's brief states.

The move would also improve Intel's chances as the bulk of AMD's sales come from outside the US, and many of the third party companies AMD claims were pressured by Intel to dropping rival product lines are based outside the US.

AMD also manufactures the vast majority of its processors overseas.

"Intel’s motion to dismiss is just another effort to escape responsibility for illegal marketplace conduct and to inhibit fair and open competition in the microprocessor market," said AMD executive vice president, legal affairs, and chief administrative officer Tom McCoy

"The lawsuit deals with exclusionary conduct perpetrated by one U.S.-based company against another U.S.-based company. Moreover, such exclusionary conduct, regardless of where it occurs, harms consumers worldwide, beginning with those in the United States, by raising prices and stifling innovation everywhere."

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