Intel appeal over $1.45bn anti-competition fine

Jul 23, 2009
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Intel appeal over $1.45bn anti-competition fine

Intel have launched an appeal against their €1.06 billion ($1.45bn) fine, which was imposed by the European Commission after they found the company guilty of anti-competition behavior.  Intel had been accused of using "hidden rebates" to dissuade manufacturers from using processors made by rivals such as AMD; while the company has not requested a stay of judgment, this week it officially confirmed that it was filing an appeal with the Luxembourg Court of First Instance.

The absence of a stay - or "interim measures" as it is known - meant that Intel was forced to record the impact of the fine in their most recent financial figures, announced on Wednesday.  The company recorded GAAP operating losses of $12m and a GAAP net loss of $398m; without the fine, that would have been a profit.

Intel have not made public the details of their appeal, but it's expected to retread an argument that the Commission misinterpreted or ignored completely evidence previously submitted.  That evidence, it's believed, might paint Intel in a more positive light; Intel CEO Paul Otellini made the following statement after the judgment was made back in May:

"We believe the decision is wrong and ignores the reality of a highly competitive microprocessor marketplace – characterized by constant innovation, improved product performance and lower prices. There has been absolutely zero harm to consumers. Intel will appeal." Paul Otellini, CEO, Intel


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