AMD v. Intel: More companies subpoenaed

By Michael Singer, CNET News.com
Friday, October 07, 2005 08:29 AM

Advanced Micro Devices said on Thursday that it served more than 15 companies with subpoenas this week as of part of its antitrust lawsuit against rival Intel.

Computer makers and a dozen distributors and retailers--including three companies that hadn't been subpoenaed by AMD before--were served papers as AMD seeks information related to its claims against Intel.

AMD filed suit against Intel in June, alleging that Intel has a monopoly on microprocessors and used targeted discounts and strong-arm tactics to cut AMD out of the market. Intel denies AMD's claims, saying its dominance in the market is due to its investments in research and development and in manufacturing.

AMD spokesman Michael Silverman said AMD is not suing the subpoenaed companies but trying to extract evidence.

"AMD views these third parties as victims of Intel's misconduct and therefore hopes to obtain these documents in the manner least burdensome to them," he said, noting that many of the companies receiving subpoenas have already been notified that they would be questioned.

Among those receiving requests this week to produce documents were Dell, Hewlett-Packard, IBM, Lenovo Group, Gateway, Sun Microsystems, NEC and units of Fujitsu, as well as retailers Circuit City and Best Buy. Many of the companies have already agreed to protect their correspondence with Intel.

Three new names were also added to the list: Appro International, based in Milpitas, Calif., and MPC Computers and Egenera, both out of Wilmington, Del., Silverman said, but gave no specific reason for their addition to the list.

Lawyers for both sides mutually agreed to delay their exchange of evidence despite a request by the judge handling the case, Joseph J. Farnan Jr., of the Delaware District Court, that AMD and Intel exchange pertinent information on the case by Thursday.

The delay was due to the large number of documents that both parties are sifting through, Silverman said.

Intel spokesman Chuck Mulloy said he had not heard back from his legal team in Delaware on when the exchange would be rescheduled.

People familiar with the lawsuit say it is not expected to come to trial until 2007 at the earliest.

In its complaint, AMD claimed that Intel imposed scare tactics and coercion on 38 companies, including large-scale computer makers, small system builders, wholesale distributors and retailers.

Intel countered with a 63-page reply in September, emphatically denying having a monopoly on PC microprocessors and locking out AMD from deals with computer manufacturers through threats and targeted rebates.

Reuters contributed to this report.


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