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January 27, 2009 12:45 PM PST

EU court rejects Intel bid for delay

by Brooke Crothers

Updated at 3:45 p.m. PST with Intel comments.

On Tuesday, an EU court rejected Intel's bid to delay a deadline for the chipmaker to address antitrust concerns.

In October, Intel filed a petition with the Court of First Instance, Europe's second-highest court, asking for a delay in the investigation by the European Commission so the company could gain access to additional documents to bolster its defense.

The world's largest chipmaker is accused by the European Commission of giving rebates to a large retailer with the aim of discouraging the retailer from using chips from rival Advanced Micro Devices.

Intel has said in the past that its practices are lawful and do not harm consumers.

"While Intel is disappointed with today's ruling on interim measures the decision has no bearing on the merits of this case," Intel said in a statement Tuesday. "Certain AMD documents were made part of the record in the European proceeding and Intel sought to demonstrate that those documents indicated that other highly relevant documents existed," Intel said.

AMD welcomed the ruling. "The order is entirely consistent with the continuous and clear case law on this issue and Intel's appeal was simply an attempt to delay the Commission's decision making process," AMD Executive Vice President, Legal, Corporate and Public Affairs Tom McCoy said in a statement.

As a result of the ruling, the Commission is not legally obligated to review any additional documentation Intel would file to defend itself.

Brooke Crothers has been an editor at large at CNET News, an analyst at IDC Japan, and an editor at The Asian Wall Street Journal Weekly, among other endeavors, including co-manager of an after-school math-and-reading center. He writes for the CNET Blog Network and is not a current employee of CNET. Disclosure.
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by pithenumber January 27, 2009 2:36 PM PST
The EU sues again.
I like AMD, but the EU trying to milk money out of Intel, I believe is more unethical than what Intel is doing.
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by drdxp January 27, 2009 3:55 PM PST
Why would you not allow a company to prepare it's best defense against alligations?
It does not seem like justice to allow a company to bring charges and then fail to allow the defense to gather the proper documentation to refute the charges.
Justice should be blind when making a decision. The EU is very different from the USA.
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by suyts2 January 27, 2009 6:24 PM PST
The EU at it again!!!!!! I hope they keep it up, maybe then the U.S.A. will start protecting what is ours.
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by eadeguzman January 27, 2009 11:49 PM PST
This is not about justice, it's about keeping the EU funded via fines from successful US companies.

Shame on the EU!

The US government should intervene and maybe retaliate if necessary. Maybe sue SAP for possible antitrust violations?
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by YankeePoodle January 28, 2009 6:17 AM PST
Phew!!! The Europeans have found a way to swindle money to pay up the Russian Gas Mob.
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by tatilhotel January 28, 2009 1:31 PM PST
It does not seem like justice to allow a company to bring charges and then fail to allow the defense to gather the proper documentation to refute the charges.
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by tcr071 January 28, 2009 3:25 PM PST
Intel and Microsoft should tell the EU to **** off. Have fun and good luck switching all of your business to a different OS and partnering up with a different, much inferior, chip maker. Maybe a message like that would get the EU to stop trying to bully around American companies.
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by Tête January 28, 2009 7:30 PM PST
Once you're a multinational, there is no Us vs. Them. Boycott the EU? Do you think Microsoft and Intel are there out of charity?

What a bunch of Sarah Palin voters!
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About Nanotech - The Circuits Blog

Brooke Crothers was formerly editor-at-large at CNET News.com, an analyst at IDC (International Data Corp.) Japan, and an editor at The Asian Wall Street Journal Weekly (The Wall Street Journal, Dow Jones), among other endeavors, including a recent hiatus from the tech industry when he co-managed an after-school math and reading center. Nanotech covers computer chip technology and how it defines the computing experience. He is a member of the CNET Blog Network, and is not an employee of CNET. Disclosure.

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