AMD announced today
that it has filed an antitrust complaint against
Intel, accusing its arch
rival of "worldwide coercion" of computer makers and "illegal acts" that
continue to inflate PC prices and stifle competition.
The action was filed in the US federal district court for the
district of
Delaware under Section 2 of the
Sherman
Antitrust Act, Sections 4 and 16 of the
Clayton
Act, and the
California
Business and Professions Code.
The 48-page complaint claims that Intel has "unlawfully maintained its
monopoly in the x86 microprocessor market by engaging in worldwide coercion of
customers from dealing with AMD".
AMD goes on to identify 38 companies which it believes have been victims of
coercion by Intel, including large scale computer makers, small system builders,
wholesale distributors and retailers.
These firms have been subjected to "seven types of illegality across three
continents", AMD alleged.
According to the complaint, Intel has forced major customers such as
Dell,
Sony,
Toshiba,
Gateway and
Hitachi into
Intel-exclusive deals in return for outright cash payments, discriminatory
pricing or marketing subsidies which were "conditioned on the exclusion of AMD"
.
In addition AMD alleges that Intel "forced other major customers" including
NEC,
Acer and
Fujitsu into
partial exclusivity agreements by conditioning rebates, allowances and market
development funds based on their agreement to severely limit or entirely forego
purchases from AMD.
AMD also claimed that, when AMD succeeded in getting on the
HP retail roadmap for mobile computers, Intel responded
by withholding HP's fourth-quarter 2004 rebate cheque.
The charges further allege that then Compaq chief executive Michael Capellas
said in 2000 that, because of the volume of business given to AMD, Intel
withheld delivery of critical server chips.
Stating that "he had a gun to his head", Capellas allegedly told AMD that he
had to stop buying its processors.
Craig Barrett, Intel chief executive at the time, is also accused of
threatening Acer's chairman with "severe consequences" for supporting the AMD
Athlon 64 launch.
This was alleged to have coincided with an "unexplained delay" by Intel in
providing $15m-$20m in market development funds owed to Acer. Acer subsequently
withdrew from the Athlon 64 launch in September 2003.
"Everywhere in the world, customers deserve freedom of choice and the
benefits of innovation, and these are being stolen away in the microprocessor
market," said Hector Ruiz, president, chief executive and chairman at AMD.
"Whether through higher prices from monopoly profits, fewer choices in the
marketplace or barriers to innovation, people from Osaka to Frankfurt to Chicago
pay the price in cash every day for Intel's monopoly abuses."
The AMD litigation follows a recent ruling from the
Fair Trade
Commission of Japan which found that Intel abused its monopoly power to
exclude fair and open competition, violating Section 3 of Japan's
Antimonopoly
Act.
These findings, AMD claimed, reveal that Intel "deliberately engaged in
illegal business practices" to stop AMD's increasing market share by imposing
limitations on Japanese PC manufacturers.
The
European
Commission has stated that it is pursuing an investigation against Intel for
similar possible antitrust violations, and is co-operating with the Japanese
authorities.
"You don't have to take our word for it when it comes to Intel's abuses; the
Japanese government condemned Intel for its exclusionary and illegal misconduct,
" said Thomas McCoy, AMD executive vice president, legal affairs, and chief
administrative officer.
The full text of the complaint can be viewed in an
open letter from Hector
Ruiz.
Do you agree?
Have your say on this article