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Intel appeals Euro fine

Says its rights were violated
Thursday, 23 July 2009, 10:31

AS EXPECTED, Chipzilla has decided to appeal the $1.45 billion fine walloped on it for its anticompetitive antics.

On the surface, Intel's defence sounds like it is accusing the European Competition Commission of crimes against humanity, or at least human rights abuses, for picking on the small obscure chipmaker.

However Intel's complaint is not quite as it sounds. It is not that the EU was torturing Intel executives.

Rather, according to top Intel brief Chuck Mulloy, the size of the fine was in contravention of Article Six of the European Convention for the Protection of Human Rights, which includes guidance for due process in legal proceedings.

Mulloy said that there has been a growing dialog among European Union lawyers and legal scholars on the increasing size of such civil fines in Europe and there are concerns about Article Six of the EU treaty.

It took the Commission eight years to decide that Intel gave secret rebates to computer manufacturers on the condition that they severely limit or completely exclude AMD from their products.

Chipzilla claims that the Commision "refused to look at some of the evidence and in some cases refused to get some other evidence that was available" in its investigation of the chipmaker. Quite how that breeched Article Six he would not say, but we doubt thumbscrews were involved.

The EU fine made sure that Intel suffered its first quarterly financial loss in 22 years. µ

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quite is an adverb....

... or at least it was the last time I checked (25-30 years ago, to be honest).

"However Intel's complaint is not quite as it sounds."

So, it's not quite WHAT?

posted by : zio, 23 July 2009 Complain about this comment
What the fuck this Grove's pupil says!! ?

His attitudes reflects arrogancy, rebellion, and foolishness that spawning from an evil company. I hope this man alongside other Intel executives to be punished their fallacious stance.

posted by : curios, 23 July 2009 Complain about this comment
And in what way do human rights apply to corporations?

If I were the judge I would deny Intel it's appeal and force them to watch a documentary called 'The Corporation'.

http://en.wikipedia.org/wiki/The_Corporation

To me it sounds grossly absurd that someone could even claim that a corporation has human rights. I mean, a chimpansee comes a whole lot closer and it also does not have human rights.

posted by : Frank, 23 July 2009 Complain about this comment
Mr.

I am so tired of the EU and its attack on american countries. The EU cant innovate so they sue. Its hillarious. WAH WAH WAH.

I hope intels end run works. Its rediculus in their greed that the EU refused to look at all the evidense.

posted by : tony, 23 July 2009 Complain about this comment
@tony

"The EU cant innovate so they sue. Its hillarious. WAH WAH WAH."

I guess they taught you in school that America was first country on the planet, right or perhaps that the world doesn't exist beyond W&E coast? Also Einstein is a Yank right, Nikola Tesla too?

Go back to school..... as for EU right ON! squeeze these yanks till the pips squeak.

This is my continent and I will charge all foreigners as best please.....u dont like it? Piss off and sell you crap to someone else.

posted by : I know, 23 July 2009 Complain about this comment
Innovate

It will be a long time before your "huge" fines will bankrupt the US or its innovative companies. So, instead of devolving into thinly disguised mafia type robbers, the EU better try to help its "citizens" to innovate not vent with pure lust and jealousy at the creative power of American companies. We WILL continue to sell you our goods because you need it and cannot produce it yourself as good as or as reasonably priced as American companies! When you do (like your BMWs and Benzs), we also buy from you - happily!

posted by : Europa, 23 July 2009 Complain about this comment
retaliation

And what happens if yanks do the same to european companies? Do we "piss off" as well? You're criticizing his education but it seems you had none either...

posted by : To @tony , 23 July 2009 Complain about this comment
We, being freemen...

beg the guv have Habeas Corpus in these times of loang recession...

In this case of legal persons or firms, domicile is determined by the country where they have their statutory seat, central administration or principal place of business.

A judgment will not be recognised:
if it is irreconcilable with an earlier judgment given in another Member State or in a third state involving the same cause of action and between the same parties.

"Private international law" governs the international element in matters of private law, i.e. family law, law of contract etc. It is the branch of the domestic law of States that indicates which law, domestic or foreign, is to be applied in a particular case.

"Choice of jurisdiction" is a general principle of privateer international law under which the parties to a contract are free to designate a court to rule on any disputes even though that court might not have had jurisdiction on the basis of the factors objectively connecting the contract with a particular place.

According to S. von Drashek, esq., engr., by increasing the milliband to one thousandth of a watt is the matter for Truth, Justice, Freedom, the
pursuit of hotties and the American way?

Horatio:
He waxes desperate with imagination.

Marcellus:
Let's follow. 'Tis not fit thus to obey him.

Horatio:
Have after. To what issue will this come?

Marcellus:
Something is rotten in the state of Denmark.

Horatio:
Heaven will direct it.

Marcellus:
Nay, let's follow him. [Exeunt.]

Great Privy Lords of Appeal in Ordinary of First Instance in Luxembourg have issues too “great exception” to the emergence of European regulators as some of the most activist enforcers, judges, and jury, warden and tyrant's face is read, nay, orange you a Republican? (at least there's always the gaol).
Oh, "bring it back, bring it back"... is the commons cry, pick up your swords and fly; sing as you race your bow; quoth the raving kroes of nevermoor. With a common frame of reference: And so its my assumption IT really upped the junction, with One Ring to rule them all, One Ring to find them, One Ring to bring them all and in the latherness bind them, bell, book, and candlestick maker; and we shall shock them. Nought shall make us rue. Colonel George du Pont, mercy! I shall call him Peter, wounded at Waterloo, and other such friends of the ABC. Raise up your glass too

posted by : Good King John, 23 July 2009 Complain about this comment
Intel = robbers

It was Intel robbing european customers.

And about innovation, which of the following are 'american' innovations?
Ballistic missle
cruise missle
binary computer
television
Aspirin
Haber-Bosch-process
Diesel engine
Otto engine
jet engine

besides - the USA are living from the money the european countries lend them for the last 40 years. So, you little disgusting debtors, shut the fuck up.

posted by : proud to be european, 23 July 2009 Complain about this comment
Should be $500 Billion fine

Intel and Microsucks should both be fined $500 Billion for their constant violations of anti-trust laws. A $1.5 billion fine is just the cost of doing business for these criminals. Time to make crime hurt a little.

posted by : Barack, 23 July 2009 Complain about this comment
@ I Know (So do I)

"This is my continent and I will charge all foreigners as best please.....u dont like it? Piss off and sell you crap to someone else."

Oh how we forget. Ah the arrogant EUROPEANS. Finally, after 2 WORLD WARS, constant bickering for nearly all of recorded history of killing each other en masse, squabbling over little parcels of land, genocide, ethnic cleansing, you come together with the socialist regime called the EU

Lets not forget the English who tried to rule the world.
The French who tried to rule the world.
And last but not least, the Germans all in typical Nazi fashion,
Come together, and decide to target America and it's companies become the standard for the worlds business police (Gestapo), in typical socialist fashion.

Again, power in European hands run absolutely amuck. This time they do it together.
Well, I suppose this is a better venue than a third World War when your not killing each other by the tens of millions. Therefore, from this perspective, 1.5B is cheap to keep you satisfied with a more constructive use of power, in contrast to the self inflicted tragedy you caused yourselves during the last century.

More importantly, the only time you "love America" is when your in DIRE need, naturally. History is replete with this mockery and arrogance.

SPARKS

posted by : SPARKS, 23 July 2009 Complain about this comment
Huh?

Are such vitriolic comments really necessary? And certainly I lay the blame on ignorant American posters for starting it. This isn't about the EU attacking US businesses - this is about the EU fining businesses that have behaved in an illegal and anti-competitive manner. The EU has also targeted mobile phone operators for their unfair business practices; in fact it was only this week that I received a text informing me that it will now cost me exactly the same to send a text from any country in the EU. Despite what you may think, and the media may report, the EU does actually achieve things. Still, that's not to say there isn't a lot of corruption.

It isn't only the EU that has fined Intel - South Korea has as well, whilst the US and countless other countries have also investigated them. The trouble is that even as large a fine as that issued by the EU pales in comparison to the market share Intel has gained from their illegal behaviour.

And speaking of human rights, is it really appropriate for Intel to play that card when it is so heavily invested in Israel, a country famous for its human rights abuses? It really is the height of hypocrisy for a company indirectly supporting the Palestinian genocide to cite human rights abuse to get out of a fine.

posted by : Jonas Taylor, 24 July 2009 Complain about this comment
Human Rights..

Quote:the size of the fine was in contravention of Article Six of the European Convention for the Protection of Human Rights......

Fact: A Corporation is a human within itself that has "Human Rights"

F@#$ Intel forever. I am done with its Greed and righteousness.

posted by : Someone, 24 July 2009 Complain about this comment
Distorted Perception Of Reality

"this is about the EU fining businesses that have behaved in an illegal and anticompetitive manner"

You see, the uneducated and uninformed bias masses use catch phases like 'anti competitive behavior' when in fact they haven't got a clue.

There was absolutely no damages to the consumer proven in this so called "judgment." In fact, because INTC offered rebates to vendors and suppliers, they were able to sell those products at a lower "competitive" price whereby the vendors and distributors could pass on the savings to the consumer, resulting in lower prices overall.

This was a clear win for the CONSUMER. GET IT?

What the he sanctimonious European Union is not saying is they had A VESTED INTEREST IN AMD DRESDEN TO THE TUNE OF (GASP) 1.5 BILLION! I could be spit balling it here, but I believe they call this A CONFLICT OF INTEREST.

How do you spell 'farce'?

Invest 1.5 billion in AMD, and when the deal goes to hell, fine the competition. A perfect way to recoup your losses, and then wash your hands of it. Sit in objective judgement on one hand, fine the winner when you lose with the other. Nice solution for bad investment I'd say.

Oh, about the Israel thing, wonderful.

"a company indirectly supporting the Palestinian genocide"

Two things, the Jews (Like Einstein mentioned above) once again have shown they made the "Smarter Choice" by going with INTC, and two, it's disgusting to see Anti-Semitism is still alive and kicking in good old Europe. So the EU fined a Jewish company, too? If not, why mention it?

In the interest of disclosure, I am not Jewish. However, my father did liberate a quaint little hamlet called BUCHENWALD in 1945. Are you comparing the Palestinian issue with concentration camps, and Intel with the SS??? Goddamned, you need a reality check.

By the way, Intel is not invested in Isreal, Isreal is invested in Intel, the same way the EU was invested in AMD.

GOT IT?

SPARKS

posted by : SPARKS, 24 July 2009 Complain about this comment
Criminals should be held accountable

@Sparks

You might believe the fairytale that you tell but the courts in the U.S., Europe and Asia have all ruled that Intel and Microsoft have violated anti-trust laws. The EU is the only authority that can't be bribed...

posted by : Bob, 24 July 2009 Complain about this comment
HAHAHAH FUNNY

Americans already forgot where they come from and who they were !!
America = brainwashed country !
BLAH BLAH BLA the consumers were the winners beacose low prices lol LOL lol !
Intel wanted to strangulate AMD with those prices in order to be allone and evrione i hope remembers what were the cpu prices when intel was alone !
How about inovation when intel was alone ??? Remember how much time it took to go from pentium 200 to 233 ! AND FOR WhaT PRICE ???

The irrony is that EU is trying to help another American company (amd) !
Kinda do the work of the American governement for them !

posted by : dghreh, 24 July 2009 Complain about this comment
@I know

Yes, those great men and women were from other countries--so many were and are--but America isn't about where you were born like it is in Europe, but rather what you accomplish with your life, and the opportunity to do so. There is a certain inventiveness and entrepeneurship that exists in America that seems sadly deemphasized (though not lost!) in Europe since WWII. Maybe it's the lack of inter-country competition, and yet few union-level competitive forces on the global stage.

As for the EC rulings, a lot of them just "feel" like the competitors lost out fairly, and yet the victors are being punished for that. It may not be the case, but in some cases, like Microsoft's Media Player, or the browser wars, I prefer the state of things now is better than they would've otherwise have been--even at the expense of companies like Netscape or Real Media, or Opera Software.

Between Intel and AMD, we need competition to keep the prices down (it's not like "free" browsers and such), so keep it up!

posted by : BB, 24 July 2009 Complain about this comment
@ SPARKS

Wow, you do know a little about history... but you forgot a few people who "tried to rule the world" (and, alas 4 u, they were also european...):
The SPANISH, who tried to rule the world
and
THE ROMANS, who for a while, RULED THE WORLD (or at least, great part of the known world...)

Piss as much as you like on the europeans (although it's not wise to pee on the hand that feeds you), but remember:

1) your oh-so-nice legal system is pretty much a consequence of the ROMANS' legal system
2) the primary language comes from a country who tried to rule the world (and IMMostHO for a while, it did...); the second most spoken language comes from another of those countries who tried to rule the world
3) last but not least... MANY (if not all) of your ancestors WERE EUROPEAN...

Please, do answer one question: how comes that when some US firm is fined in the EU for breaking some law it's the act of a communist government (i.e. Microsoft, Intel), while when the US government levies huge tolls on EU on some EU goods (let's say WINE, who's fucking cheap here and on the average way better), it's just the "natural" laws of commerce?

posted by : zio, 24 July 2009 Complain about this comment
Are you being serious?

"In fact, because INTC offered rebates to vendors and suppliers, they were able to sell those products at a lower "competitive" price whereby the vendors and distributors could pass on the savings to the consumer, resulting in lower prices overall.
This was a clear win for the CONSUMER. GET IT?"

It's fine that you don't understand why competition laws exist and the damage done by anti-competitive behaviour but please don't post your ignorant and misinformed opinions here.

"Two things, the Jews (Like Einstein mentioned above) once again have shown they made the "Smarter Choice" by going with INTC, and two, it's disgusting to see Anti-Semitism is still alive and kicking in good old Europe."

It's not anti-Semitic to criticise the actions of Israel and the corporations supporting it, especially not given the severity of their crimes against humanity. And your statement demonstrates that you have little interest in a mature and reasoned debate.

"Please, do answer one question: how comes that when some US firm is fined in the EU for breaking some law it's the act of a communist government (i.e. Microsoft, Intel), while when the US government levies huge tolls on EU on some EU goods (let's say WINE, who's fucking cheap here and on the average way better), it's just the "natural" laws of commerce?"

Indeed. Americans are quick to ignore the import levies imposed by the US against foreign goods and services like steel and gambling, both of which were deemed illegal by the World Trade Organisation. The situation is very complex but it's sad to see people like SPARKS proclaiming that lower prices are always in consumers' best interests.

posted by : Jonas Taylor, 24 July 2009 Complain about this comment
wait, what?

how is this an EU vs the USA issue?

the EU is holding Intel responsible for anti-competitive practices against its main rival AMD - also an American company.

so if both Intel and AMD are US companies, how is the EU helping either one of them against the other an attack on the US?

if Intel really did damage AMD in this way, it is only right that they be punished somehow.

the only thing that should happen is that some of the money should find its way to AMD, and not all find its way to the EU coffers.

also << am a Euro myself. nothing against USA people, and I like Intel for its good R&D work in the past. if however they use unfair practices to stifle competition this is not good for anyone, including progress, in the long term.

life is not all about profit. we need to move forwards, and sometimes capitalism needs to be kept in check by common sense. we cannot let one or two companies do as they please with no safeguards.

posted by : youDontKnowJoe, 24 July 2009 Complain about this comment
Intel goes m$ route

Try, just try and test the EU.
You'll be surprised what comes out.

posted by : Aryan, 24 July 2009 Complain about this comment
Why not fine the EU PC distributors too?

For those saying this is not the EU just taking on a multinational with deep pockets.... what actions has the EU taken against the EU distributors who accepted the rebates from Intel? Since this was 'illegal' behavior, these companies will be required to fork over any money they received from Intel for illegal actions, right?

What actions has the EU commission taken against those companies who agreed to take money to not to develop AMD products? They just get a pass for 'colluding' with Intel?

If the EU was going after everyone equally, it'd be one thing - but Intel alone could not exclude AMD from the European market... there were plenty of distributors who took the rebates and turned off development on AMD products (allegedly). Go after everyone equally and then it might seem like a fair process. Fine these guys 10% of revenue as well? Take away any extra revenue they received by doing anti-competivie behavior.

You'd also send the signal that "little" (relatively smaller) companies that participate in behavior are just as responsible.

posted by : Hypocrisy Police, 24 July 2009 Complain about this comment
Why not educate yourself on anti-trust laws?

Those in denial about anti-trust laws should educate themselves instead of posting knee-jerk reactions.

posted by : Truth and Justice, 26 July 2009 Complain about this comment
Indeed

Most posters here seem to have no idea how the marketplace works or is supposed to work. Companies aren't supposed to act like Mafias. However, I found all this immature ranting about EU vs. USA to be most entertaining, please don't grow up anyone.

posted by : b, 27 July 2009 Complain about this comment
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