AMD Subpoenas Microsoft in Intel Suit

[flowerpot]

Kinda interesting for the nerds:

 

AMD has added Microsoft to the list of companies it has subpoenaed in an effort to gather more ammunition for its landmark antitrust lawsuit against Intel, which is progressing slowly in federal district court in Delaware.

 

The subpoena seeks any documentation the software giant might have concerning discussions between Microsoft and Intel related to software created for 64-bit chips.

 

AMD spokesperson Michael Silverman would not offer any details about the request, one of about 45 subpoenas issued by the company since filing the case last summer. But he did say, "We believe Microsoft may have information that is useful to us as the case moves forward."

 

Bitter Struggle

 

By all accounts, a court ruling on charges that the world's leading chipmaker used undue influence to maintain an illegal monopoly in the processor market is years away. The case likely will include a bitter struggle over AMD's access to evidence contained in communications from dozens of top technology firms and a flurry of motions and counter-motions.

 

AMD is confident that it has a strong case, outlined in a lengthy federal court filing alleging that Intel forced high-volume customers such as Dell, Sony, Toshiba, Gateway, and Hitachi into Intel-exclusive deals in return for cash payments or marketing subsidies that are based on excluding AMD.

 

AMD also is accusing Intel of strong-arming customers into partial exclusivity agreements by conditioning rebates, allowances, and market-development funds on the customers' agreement to limit or drop all purchases from AMD.

 

Intel's ongoing use of illegal sales tactics, exclusive contracts, and threats of retaliation against I.T. companies is creating artificially high prices and hurting the entire industry, AMD claims.

 

Could Get Messy

 

Microsoft did not respond this morning to requests for comments regarding the subpoena. Silverman said that, thus far, most companies have cooperated with the investigation, although AMD is in negotiations with others that have balked at turning over information.

 

"We are still in the early phase of discovery, and later this week the judge hearing the case will hold a status conference involving both [AMD and Intel]," he said. "Progress is being made, although it is incremental progress."

 

Analysts have observed that the court case promises to get messy during the lengthy discovery period, especially because AMD's charges include specific examples of Intel threatening customers.

 

AMD already has won the ability to dig through the records of several tech firms. "There may be some who fight the justification of the subpoenas," said Gartner analyst Martin Reynolds in a recent interview. "And while the companies have agreed not to destroy their records, that does not mean they agree with AMD's complaint."