Intel previously objected to AMD’s request for foreign discovery, following a court’s ruling in September that if AMD wins its case it cannot claim damages for Intel’s business practices outside of US borders.
But Intel said it would cooperate with the latest order from the US Federal District Court in Delaware. And, in a letter to the court’s judge, the chipmaker said it does not plan to file an objection.
However, Intel also noted that the case’s Special Master, which is a type of administrative judge that presides over all discovery disputes, did not recommend whether or not any foreign evidence would be admissible at trial, which is slated to commence in April 2009. Intel plans to raise evidentiary issues with the court at a later date, according to its letter.
Still, AMD released a statement claiming that the foreign discovery would contain evidence of anticompetitive business practices that show clear violations of not only the Sherman Antitrust Act but also generally accepted anti-monopoly laws worldwide.
The Special Master’s recommended to the presiding judge that as the undisputed geographic market is global, and approximately 68% of the total worldwide production of computers powered by x86 microprocessors are sold to non-U.S. customers evidence of foreign exclusionary conduct is essential for AMD to demonstrate that Intel has allegedly violated US antitrust laws.
AMD VP of legal affairs Thomas McCoy said the ruling was a big win for AMD.
This case remains firmly focused on the worldwide misbehavior of a global monopolist, he said. This ruling also removes any basis for Intel or its foreign customers to withhold evidence of Intel’s exclusion, regardless of where it occurred
AMD first filed its lawsuit last June, alleging that its much larger competitor used bullying tactics in the form of rebates and discounts to dissuade them from buying chips from AMD. Intel not only allegedly hurt AMD’s business but also charged computer makers higher prices for its chips, which has driven up system prices, according to AMD.
Intel has denied any wrongdoing and claimed that AMD’s business problems are the result of it being an unreliable supplier. Intel has also said AMD did not adequately invest in its chip-making operations in order to remain competitive.
