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Tech's Bottom Line | Bill Snyder » Intel's pain is AMD's gain

January 11, 2008 | Comments: (0)

Intel's pain is AMD's gain

On a day when tech stocks are taking a terrible shellacking, Advanced Micro Devices stands out as a big gainer on the news that Intel is being investigated by the New York Attorney General's office for possible antitrust violations.

New York Attorney General Andrew Cuomo served the chipmaking rivals with subpoenas as he looks into charges that Intel stifled competition and hurt consumers by pressuring customers to exclude AMD from their list of suppliers. The allegations are similar to those made in an ongoing lawsuit brought by AMD.

"After careful review, we have determined that questions raised about Intel's potential anticompetitive conduct warrant a full and factual investigation," Cuomo said in a press release.
But those charges, which echo years of industry rumors, won’t be easy to prove. In an interview with BusinessWeek, John Peirce, a partner at law firm Bryan Cave who specializes in antitrust and commercial litigation said: "Predatory pricing and exclusive dealing are a tough case under U.S. law."

AMD sued Intel in a Delaware federal court in 2005, alleging that the microprocessor giant has consistently abused its monopoly position in the market to prevent PC vendors from using AMD chips. A trial date has been set for April 27, 2009.

Regulators in Japan, South Korea and Europe (via the EU) are also investigating Intel’s competitive practices.

Intel has consistently denied the charges, saying that it never sells products below cost.

AMD has made significant market share gains in the last several years, but has been hurt by an ugly pricing war with its much larger rival. The smaller chip maker claims that its gains would have been even larger had it been competing on a level field.

In recent trading, shares of AMD were up a bit more than 7%, or 42 cents, to $6.38 a share, while Intel was off 54 cents, or 2.4% to $22.

Posted by Bill Snyder on January 11, 2008 11:38 AM


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Regardless of AMD winning the case or not, AMD has won in the court of public opinion. The allegations against intel have cast the goliath in a negative light, and that alone can have a negative effect on Intel, a positive effect on AMD.

For the next while, I think Intel will be reluctant to engage in a price war, not only for reasons of public relations but als investor relations. Intel must leave AMD alone to turn a profit and itself regain the confidence of Intel investors. AMD has just gained some breathing room.

I have a full analysis here as well:

http://amdinvestor.com/2007/12/27/what-do-you-think-amd-is-worth-an-amd-stock-analysis/

Posted by: Dan at January 11, 2008 01:23 PM

Sir- Competitions between two main rivals are often unavoidable and sometimes even healthy. Both of the competing forces can use competition to assess their strengths and weaknesses. Fair competition is desirable and often leads to mutual benefits if the survival of neither one of them is threatened. In the case of Intel and AMD, the competition, mostly viewed as a war of attrition, is between unequal. Although both of these two companies will suffer financially, however, the weaker one, in this case AMD, will end up receiving heavy punches that threaten its own survival. The onslaught lunched by Intel toward its smaller rival might in the natural world might be acceptable.

However, when Intel engages in unlawful monopolistic acts, as alleged by AMD, the argument then deserves a better scrutiny. If indeed Intel intended to harm the interests of AMD by preventing its own clients from using and buying AMD chips in attempt to drive it out of business, Intel then should become liable for violating anti-trust law designed to ensure “fair” competition. New York attorney General would not have filed a subpoena unless there are substantial evidences supporting the violations. These kinds of allegations definitely warrant the case brought by AMD to go to trial. If it was found guilty, Intel will have to reimburse financially AMD and the consumers who are hurt in the process. This should be used as lessons for big companies to play by the rules and to help weaker ones from being annihilated.

Joe Baaklini

Posted by: Joe Baaklini at January 11, 2008 02:28 PM

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