Brussels fines Intel record $1.4bn

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Series Details 14.5.09
Publication Date 14/05/2009
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The European Commission has imposed a fine of €1.06bn on Intel Corporation for violating EC Treaty antitrust rules on the abuse of a dominant market position (Article 82) by engaging in illegal anticompetitive practices to exclude competitors from the market for computer chips called x86 central processing units (CPUs).

The Commission has also ordered Intel to cease the illegal practices immediately to the extent that they are still ongoing. Throughout the period October 2002-December 2007, Intel had a dominant position in the worldwide x86 CPU market (at least 70% market share).

The Commission found that Intel engaged in two specific forms of illegal practice. First, Intel gave wholly or partially hidden rebates to computer manufacturers on condition that they bought all, or almost all, their x86 CPUs from Intel. Intel also made direct payments to a major retailer on condition it stock only computers with Intel x86 CPUs. Such rebates and payments effectively prevented customers - and ultimately consumers - from choosing alternative products. Second, Intel made direct payments to computer manufacturers to halt or delay the launch of specific products containing competitors’ x86 CPUs and to limit the sales channels available to these products.

The Commission found that these practices constituted abuses of Intel’s dominant position on the x86 CPU market that harmed consumers throughout the EEA. By undermining its competitors’ ability to compete on the merits of their products, Intel’s actions undermined competition and innovation. The Commission will actively monitor Intel’s compliance with this decision. The world market for x86 CPUs is currently worth approximately €22 billion (US$ 30 billion) per year, with Europe accounting for approximately 30% of that.

In a response Intel said: 'Intel takes strong exception to this decision. 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.'

Related Links
BBC News, 13.5.09: EU slaps a record fine on Intel http://news.bbc.co.uk/1/hi/business/8047546.stm
France24, 13.5.09: EU fines Intel record 1.06 billion euros http://www.france24.com/en/20090513-intel-receives-record-fine-1-6-billion-euros-eu-antitrust-case-european-commission-computer-chips
European Commission: Press Release: IP/09/745: Antitrust: Commission imposes fine of €1.06 bn on Intel for abuse of dominant position; orders Intel to cease illegal practices http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/745&format=DOC&aged=0&language=EN&guiLanguage=en
Deutsche Welle, 13.5.09: EU slaps record one-billion-euro fine on Intel EU slaps record one-billion-euro fine on Intel http://www.dw-world.de/dw/article/0,,4248583,00.html
ESO: Background information: Intel braced for billion-euro fine under European antitrust rules http://www.europeansources.info/record/intel-braced-for-billion-euro-fine-under-european-antitrust-rules/
ESO: Background information: Commission welcomes CFI President's dismissal of Intel's request for interim measures http://www.europeansources.info/record/memo-antitrust-commission-welcomes-cfi-presidents-dismissal-of-intels-request-for-interim-measures/
Intel, 13.5.09: EC Ruling: Statement by Intel President and CEO Paul Otellini http://www.intel.com/pressroom/archive/releases/20090513corp.htm?iid=pr1_releasepri_20090513r
EurActiv, 14.5.09: EU fines Intel record €1.06 billion http://www.euractiv.com/en/infosociety/eu-fines-intel-record-106/article-182301
The Economist, No.8630, 9.5.09: Technology and antitrust. Here we go again http://www.economist.com/business/displaystory.cfm?story_id=13610959

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