In June 2005, Advanced Micro Devices,
Inc. (AMD) filed a complaint in the United States District Court alleging that
Intel and Intel’s Japanese subsidiary engaged in various actions in
violation of U.S. antitrust laws. The complaint seeks unspecified damages,
punitive damages, an injunction, and attorneys’ fees and costs.
Subsequently, AMD’s Japanese subsidiary also filed suits in the Tokyo High
Court and the Tokyo District Court against Intel’s Japanese subsidiary,
asserting violations of Japan’s Antimonopoly Law and alleging damages of
approximately $55 million, plus various other costs and fees.
In April, Intel notified the Japan Fair Trade Commission that it would accept
the Recommendation and cease and desist order. The Recommendation is a remedy
for factual and legal allegations concerning Intel’s business practices.
However, Intel did not accept the underlying facts asserted or the application
of law in the Recommendation because they misinterpret important aspects of our
business practices and fail to take into account the competitive environment in
which we do business.
We believe that the Recommendation’s cease and desist provisions provide a
workable framework that enables us to continue to provide competitive pricing
to our customers that benefits consumers and the Japanese economy. To
continue to serve our customers with the best products and services, and to
avoid putting our customers, our employees and the company through the
inconvenience of a lengthy administrative and legal process, we believe that
this was the best course of action.
Additionally, at least 68 separate class actions, generally repeating
AMD’s allegations and asserting various consumer injuries, have been filed
in the U.S. District Courts for the Northern District of California and the
District of Delaware, as well as in various California and Tennessee state
courts.
In September, Intel filed its initial and formal response to AMD’s
complaint, helping frame the issues that will be litigated in the case. In the
response, Intel refuted AMD’s allegations and pointed out that
Intel’s business practices are both fair and lawful.
The European Commission has been conducting a preliminary inquiry into
Intel’s business practices since 2001. Consistent with our normal
practice, we have been cooperating with various requests for information. By
the end of 2005, no action had been taken.
In June, the Korea Fair Trade Commission sent a letter of inquiry asking
questions about Intel’s sales practices. The company is cooperating with
Korean authorities.
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