AMD Can Seek Documents From Intel Via U.S. Courts

Handing a legal victory to Advanced Micro Devices Inc., the Supreme Court ruled Monday that the computer chip maker could use U.S. courts to press rival Intel Corp. to release internal documents as part of a European antitrust investigation.

Sunnyvale, Calif.-based AMD hopes the documents will bolster its claim that Intel tries to protect its market share in Europe through anti-competitive practices including offering illegal rebates, withholding technical data and threatening computer makers that use AMD products.

“We’re certainly pleased with the Supreme Court decision because they are essentially confirming our right to seek discovery and support of our complaint in the European Commission,” AMD spokesman Michael Simonoff said after the 7-1 ruling.

It is now up to the U.S. District Court in San Jose “to close the loop and make a final ruling,” Simonoff said.

Chuck Mulloy, a spokesman for Santa Clara, Calif.-based Intel, called it a “very narrowly focused” decision by the court “that did not rule on the merits of AMD’s request for information. They said U.S. courts can assist the EC, but they don’t necessarily have to.”

The case dates to October 2000, when AMD filed a complaint with the European Commission, the executive arm of the European Union, alleging unfair practices by Intel.

The commission concluded in February 2002 that AMD’s complaint was unfounded, and it did not seek further evidence. But AMD had already filed a motion in the San Jose court, seeking to obtain documents from an antitrust case filed against Intel by Intergraph Corp., a Huntsville, Ala., software company that used to design computer chips.

Hundreds of thousands of Intel-related papers were sealed when that case was dismissed by an Alabama court in 2000.

Intel shares fell 12 cents to $27.52 on Nasdaq. AMD shares dropped 78 cents to $14.10 on the New York Stock Exchange.