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After downing Microsoft, the EU is hot on the chase of its latest target, Intel

After bringing the world's biggest and most profitable software corporation, Microsoft, to its knees with a record $2.6B USD total in antitrust fines, the European Union began a serious investigation of chip maker Intel and whether it committed antitrust violations.

Intel, the world's largest chipmaker, fluctuates between having around 80 to 90 percent of the global microprocessor market, something some would term a monopoly, but which the business world terms more accurately as a "dominant position".  After a lengthy investigation -- featuring such assignment as raids of Intel offices in Europe -- the EU decided it had enough evidence to file formal charges.  The EU charged Intel with abusing its dominant position by using price slashing and illegal rebates to drive smaller chipmakers out of business and trying to create a monopoly.

Obviously, Intel disagreed.  Now the European Commission (EC), the EU's business monitoring unit, has battered Intel with a fresh round of charges.  It claims it has evidence that Intel bribed a leading European retailer not to stock products containing chips made by rival AMD.  It also charges Intel with paying the retailer to delay the release of a product containing AMD chips.  AMD had previously made such claims, but was unable to prove them, thus far.  It also accused Intel of giving illegal incentives to switch to its chips.

The EC has given Intel eight weeks to respond formally to the charges.  Intel officials say that they are "disappointed" by the charges.  The EC paints Intel as a bully in the report, stating that it "used its considerable muscle to provide substantial rebates to a leading European PC retailer - conditional on it selling only Intel-based PCs."

A statement from Intel rebuffed this view and accused the EU of conspiring with rival AMD, arguing, "The issuance of a second Statement of Objections suggests that the Commission supports AMD's position that Intel should be prevented from competing fairly and offering price discounts which have resulted in lower prices for consumers.  The allegations stem from the same set of complaints that our competitor, AMD, has been making to regulators and courts around the world for more than 10 years."

The chip giant will have to make another formal response against the three new charges in Brussels.  Under its laws, if the European Union finds Intel to be guilty, it can fine it up to 10 percent of its international yearly revenue.  This could amount in as much as $4B USD, as Intel's yearly income is around $40B USD.  The E.U. Competition Commissioner Neelie Kroes, who approved the fines against Microsoft, believes that Intel may be a "bigger threat to competition" than Microsoft, so such a fine is not unimaginable.

Intel is making record profits while it’s much smaller rival AMD suffers.  Intel claims this is thanks to smart engineering and business, while AMD bemoans that it is constantly being stabbed in the back by Intel

Despite its financial success, the international legal community seems to be considering AMD's concerns, and as a result Intel has struggled with recent legal troubles.  It is being investigated by the Federal Trade Commission (FTC) in the U.S. for possible antitrust violations.  In South Korea, it was found guilty of abusing its dominant position and fined $25M USD.  Finally, it is the subject of an ongoing investigation in Japan.



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If you do the crime...
By martinrichards23 on 7/18/2008 11:22:19 AM , Rating: 4
...you do the time.

The charges against Intel are extremely serious, if they are proven true then Intel deserves to be punished heavily.

Enforcing competition laws is one of the cornerstones of a strong economy. Indeed, many experts will tell you one reason America has historically such a strong economy and low prices is the enforcement of relatively powerful anti-trust laws.




RE: If you do the crime...
By JasonMick (blog) on 7/18/08, Rating: 0
RE: If you do the crime...
By Radnor on 7/18/2008 11:43:10 AM , Rating: 5
This isn't a case of semantics. Intel did it, more than one time. It is not needed to raid any headquarters. Just check the stores. One of the biggest European chains more than 500 stores only sells Intel. Or did.
Intel paid for that exclusivity, but hey, trust me that didnt downed the price of the product to the final consumer. Just Improved the Total sales for Intel and improve the profit margin to the distributor.

Big distribution doesn't care about you getting a better price,product or service, cares about making money. Big Money. Always been like that, wont change soon.

About EC laws not being as strong as in the US, the Sherman Act can be quite damaging in some situations. Its not that simple.


RE: If you do the crime...
By JasonMick (blog) on 7/18/2008 11:56:57 AM , Rating: 4
Yea... I wasn't arguing at all Intel's guilt or innocence, merely commenting on our legal policies versus Europe's.

I'm not arguing that Intel did do this. It seems like if EU claims to have so much evidence that it must have some truth to its arguments. I'm not trying to defend or exonerate Intel of any wrongdoing, though its obviously innocent until proving guilty.

As to the Sherman Act it is very broad and vague and is generally determined, thus by court interpretation. Vanilla price fixing is still illegal, but you virtually never see this among major companies, as they're not dumb enough to try it.

Before 1980 many anti-dominant business verdicts were indeed passed down under the Sherman Act, but since the 1980s this has sharply reversed. Currently a broad variety of new tactics have been adopted by businesses such as Intel force new intepretations of the Act. In most cases the more pro-business current legal atmosphere in the U.S. has outright dismissed many SA cases, and left the remainder to "rule of reason", requiring the plaintiff to prove the defendant acted as charged, some hard to do.

The act does forbid monopolies, but the court has interpreted this to mean "coercive" monopolies, not "innocent" ones. With the exception of some of the charges levelled against Microsoft, many monopolies have been deemed "innocent" with virtually none being deemed "coercive" (as this is hard to establish/prove).

This shift has led the Sherman Act to have little anticompetitive impact today, compared to global laws, other than serving as a continued discouragement against blatantly illegal behavior.

While it is fair to say that on paper EU antitrust laws (most importantly Article 81 EC) are no more or less strict than U.S. ones, their interpretation has been far more strict, making them in essence stronger.

This is fundamentally due to the fact that the U.S. still follows in a Chicago School style of antitrust enforcement, while the EU and many other nations/groups adhere to a so-called "post-Chicago School" policy, yielding less leniency in interpretations.


RE: If you do the crime...
By Ringold on 7/19/2008 2:27:03 AM , Rating: 2
I agree with most of the post, but calling the US position a Chicago school position confused me for a moment. We took a light touch approach to anti-trust concerns long before the Chicago school came to dominate, or even mildly influence, mainstream economics. We were up to our eyes in Keynesian gobbledygoop until the 80s, with the first neoliberal President of the 20th century being Reagan (who came complete with economics advisers who wore Adam Smith neck ties). A degree of pragmatism towards monopolies predates Hayek, Friedman et al.

Not that the Chicago school of thought views it any differently, just saying, I don't think it's where the policy came from. Wikipedia says the first Chicago-ish book of any influence wasn't written until 1921.

I wish McCain or Obama's advisors would wear Adam Smith ties. :\


RE: If you do the crime...
By BansheeX on 7/20/2008 3:14:58 PM , Rating: 2
quote:
Intel paid for that exclusivity, but hey, trust me that didnt downed the price of the product to the final consumer. Just Improved the Total sales for Intel and improve the profit margin to the distributor.


This is actually quite common in the marketplace and fundamentally, there is nothing wrong with it if you understand free markets. Making mutually agreeable contracts with others to exclusively stock or use your product is as common as dirt. Both parties have to agree and take on the risks, nothing is forced. First, the consumer wants the best product. Let's grant that. If Intel is making 486s while AMD is making Athlons, and Intel offers a payout to Dell to only use their 486s, Dell now has to decide if that payout is going to outweigh the lost sales to competitors who ARE using better AMD chips. Because the consumer STILL has to buy the product in order for the scheme to work.

This clearly illustrates that there is still a correlation to the quality of the product, in which case sustainable growth can still only be made by offering the best product to customers obviously wanting the best product. Even if Intel actually had the enormous capital to buy exclusivity from every existing OEM, all it would take is one new OEM offering the supposedly better performing AMD chip to break not only Intel's back, but the OEMs who accepted the payout to only stock the inferior product. Obviously, that means that the payout HAS to always outweigh the losses to competitors who are making more money selling superior AMD chips.

If we don't understand this operation of the market and apply it to all companies no matter how large, we have a fundamental and irresolvable problem that will increase prices and transfer wealth from the economy to the people who are paid to "punish" this activity.

quote:
Big distribution doesn't care about you getting a better price,product or service, cares about making money. Big Money. Always been like that, wont change soon.


And in order to make money in a truly free market, you HAVE to offer a product people want at a price that beats your competitor's. That has always been true. While you can make deals with distributors, you can't force people to buy an inferior product no matter how many people you make deals with, because if people aren't buying it, the money to make the payouts dries up. You STILL have to deliver, nothing changes.

The only way to actually sustainably make money on an inferior service or product is to be connected with or be a part of the government. Only the government has the powers of forced payment taxation (enabling both special subsidies and special relief), inflation, and banning competing products. That is the only true coercive force in any market, and that is the driving force of poverty and self-sustaining monopolies throughout the world and time itself. Don't mistake the failures of government and corporatist collusion to the free market just because government is always looking for something to justify itself beyond what it is actually needed for. Socialism builds on itself from such misunderstandings, and it's amazing to see it happen time and time again throughout history, as people drift to totalitarian states and see them collapse. How many happy-go-lucky stories do we see from Mr. Mick paint pretty pictures about government "granting" subsidies to drive innovation, essentially dishing out coerced appropriations from citizens to whatever company raised the most for whatever politician is sponsoring the bill. That is the F*CKING definition of anti-consumer, anti-competitive practice. The consumer didn't get to decide J*CK EFFING SH*T with his hard-earned money. And then we get these pro-government antagonistic pieces on a company who did nothing wrong? This is just a monstrous joke and a total waste of resources. We should be working to end government industries, inflation, and ALL subsidies and special tax breaks. This is a total distraction from the real problem and DT should be perpetually ashamed.


RE: If you do the crime...
By The Irish Patient on 7/18/2008 1:51:31 PM , Rating: 4
quote:
if they are proven true then Intel deserves to be punished heavily


If it is proven that Intel violated European law, then the Europeans have every right to fine Intel for its activities in Europe.

However, only 19% of Intel's worldwide revenues are earned in Europe:

http://www.intc.com/intelAR2007/introduction/finan...

Yet the Europeans claim the right to assert a fine of 10% on Intel's entire worldwide revenues. This is the equivalent of a 50% fine on European revenues.

The Europeans are welcome to place whatever fine they want on European revenues. Then they can watch the cost of computers rise accordingly. But the U.S. government should not allow European enforcement of its laws to increase my costs, given that Intel's conduct is arguably legal under America's "powerful anti-trust laws." The Europeans are not my protector.


RE: If you do the crime...
By redbone75 on 7/18/2008 5:24:05 PM , Rating: 2
I wholly agree with you. For the EU to try to fine Intel based on their worldwide sales is ludicrous at best. The EU would be assuming it has worldwide jurisdiction, which it doesn't, and I would hope the US would directly intervene on Intel's behalf. Fine them however you want based on your laws in your countries, but get your hand out of cookie jars that aren't on your tables.


RE: If you do the crime...
By Solandri on 7/19/2008 5:09:58 PM , Rating: 3
This is a punitive fine, not a compensatory fine. That is, the fines are not meant to compensate Europe for any damages Intel may have caused. They're meant to punish Intel to discourage them (and anyone else) from engaging in said illegal behavior. If in order to accomplish this, they've determined that a fine of 10% of revenue is necessary, then that's what it is.

You can argue that 10% of revenue is excessive, but where that revenue comes from is irrelevant except in how it affects Intel's decision to continue to sell in that market.


RE: If you do the crime...
By FITCamaro on 7/19/2008 4:37:06 PM , Rating: 2
Agreed. The EU has no right to charge a company for 10% of its worldwide revenue. Only for the revenue earned in its member countries. Especially when the crimes it is accusing the company of are not crimes in another country.


RE: If you do the crime...
By Hare on 7/19/2008 4:50:41 PM , Rating: 4
I'm curious. When the old grandma burned herself with her hot coffee, was the punitative fine a percentage from McDonalds global revenue or limited to just the city, state or country?

Intel is a single company operating globally.


RE: If you do the crime...
By RedStar on 7/18/2008 5:18:08 PM , Rating: 3
historically, the US got free capital from england when they succeded from the empire. Then we have the near extinction of the natives to get all that free land.

Then we have the robber/energy barrons that plundered to concentrate capital and it goes on ...until finally, someone decided that perhaps a lille anti trust law should be enacted to give the masses a "feeling" of security.

savings and loan crisis ...mortgage crisis ///

yups, the laws are working just fine and there is no trouble with the economy .

*rolls eyes*


RE: If you do the crime...
By rudolphna on 7/18/2008 9:33:04 PM , Rating: 2
that would be seceded :-)


RE: If you do the crime...
By RedStar on 7/19/2008 2:41:25 AM , Rating: 2
ya, it would be :)


RE: If you do the crime...
By Ringold on 7/19/2008 2:41:59 AM , Rating: 1
Didn't get your chance to rant/whine about the economy today, so decided to dump that on an unrelated post?

If you can't compare general growth rates, adjusted income, etc, and figure out that the US has, as the OP said, outperformed Europe in economic terms then sadly you are unable to read simple graphs. He was speaking in broad, long-run, macro terms, not whatever issue happens to annoy you any given year.

Besides, you don't want to dig in to current-day comparisons anyway, as our unemployment, even with such low growth, is still lower than the OECD average and significantly lower than most of Western Europe (Spain, for example). Further, the same "mortgage crisis" has impacted European banks as much as US ones; one British bank failed, and UBS (Swiss bank) has been pummeled. Much of Western Europe saw a housing price boom/bubble as we did, and their prices have also fallen off a cliff, along with construction and that component of GDP. In other words, their socialism ensured that they fell victim to the same ills but that they would do so with in some cases twice our unemployment.

But you wouldn't know any of that from any of the typical left-wing news sources out there. Watching CNN, one would think only America is sliding to low/no/slightly negative growth, only America has a housing crisis, and only America has financial firms on the brink of collapse, when in fact it is a global phenomenon. Of course, not in their interest to portray it as global, or to point out America has weathered the storm far better than some of its peers, as then it becomes harder to blame the party in the White House during an election year...


Microsoft
By SavagePotato on 7/18/08, Rating: 0
RE: Microsoft
By EntreHoras on 7/18/2008 11:45:17 AM , Rating: 3
Apple is sooooo cool, that even the EU will do nothing to against it. </Sarcasm>