Court to probe Intel’s loss of e-mail in antitrust case

Intel Corp.’s loss of e-mail records in an antitrust case filed by rival Advanced Micro Devices Inc. must be investigated by the court, a federal judge ruled Wednesday.

Intel told U.S. District Judge Joseph J. Farnan Jr. in a letter Monday that “some document-retention lapses” had occurred because of “inadvertent mistakes” in its litigation-related e-mail preservation procedures.

“It appears on the surface to be a human lapse,” the judge said at a hearing in Wilmington, Del. “I’m sending the preliminary matters to the special master,” Vincent J. Poppiti, who has been working to resolve case disputes.

Intel, based in Santa Clara, Calif., and Advanced Micro are the two biggest makers of processors for personal computers, a $32-billion-a-year industry. Sunnyvale, Calif.-based ADM sued Intel in 2005, accusing it of stifling competition by discouraging purchases of rival products.

“My intention, first, is to find out the extent and effect of the lapses” and then, “if necessary, fashion a remedy,” Farnan said.

A special master is a court official appointed by a judge for work including gathering documents in case-related investigations. Poppiti began interviewing lawyers in Delaware on Wednesday and is to send a report to Farnan.