Intel misses EU deadline in antitrust case
But chip giant cites pending appeal for not filing response
By Benjamin Pimentel, MarketWatch
Last update: 5:55 p.m. EDT Oct. 27, 2008
SAN FRANCISCO (MarketWatch) - Intel Corp. has let a deadline pass without answering complaints filed by the European Union in connection with allegations that the chip giant abused its dominant market position in its rivalry with Advanced Micro Devices Inc.
But Intel (INTC) immediately countered that it didn't file a response because of its pending motion with the Court of First Instance in Europe regarding the European Commission's procedural rulings.
Intel was required to respond to the commission's complaints by Oct. 17, but the body has not received anything from the company, said Mattias Sundholm, an EU spokesman.
However, Intel spokesman Chuck Mulloy said Intel is waiting for a decision on its appeal. Intel said it was seeking "to overrule Commission decisions that the company believes will hinder its ability to conduct a fair and effective defense against the charges."
Mulloy said the company could not elaborate on what rulings were being appealed because the process is confidential.
"We are trying to put together the best and most effective defense," Mulloy said. "It's fundamentally a fairness issue."
In July, the EU filed expanded its 2007 complaint against the Santa Clara, Calif.-based company, which it accused of offering rebates to a top European personal computer maker on condition that it sell only Intel-based PCs.
Intel was also accused of paying a manufacturer of delaying the launch of products using AMD chips, and offering rebates to that manufacturer on condition that it obtains its laptop-chip requirements from Intel.
Intel has denied the allegations.
Benjamin Pimentel is a MarketWatch reporter based in San Francisco.