Welcome!

IBM Cloud Authors: Yeshim Deniz, Elizabeth White, Pat Romanski, Liz McMillan, Stefan Bernbo

Related Topics: Microservices Expo, IBM Cloud, Weblogic, Microsoft Cloud, Containers Expo Blog, Machine Learning , Silverlight, Recurring Revenue, Artificial Intelligence, Log Management

Microservices Expo: Article

EC Wrong, Wrong, Wrong – and Sloppy to Boot: Intel

Intel says the Commission didn’t bother to do an analysis of foreclosure

Intel's appeal to the Court of First Instance of the European Commission's monopoly abuse decision against it claims that the EC didn't prove that it hammered AMD into the ground with its discounts.

According to a summary of the otherwise sealed appeal published over the weekend in the Official Journal of the European Union, Intel says that the EC made an error of law in assuming that its discounts were per se abusive simply because they were conditional. It never proved they actually foreclosed competition.

It says the Commission didn't bother to do an analysis of foreclosure and didn't bother to check to see if its rebates had any "immediate, substantial, direct and foreseeable effects" in Europe.

Intel claims that the EC's evidence fails to meet the required standard of proof in failing to address the fact that during 2002-2007, the time of Intel's alleged offense, AMD's server market share spiked and its profits increased. Intel contends that AMD's failure to win business in other market segments was its own fault and says the EC's decision fails to establish a causal link between Intel's discounts and the OEMs' decisions not to buy from AMD.

It also says the EC made no analysis of the impact of Intel's discounts on consumers even though it cited the so-called harm Intel had allegedly done to millions of consumers for the size of $1.45 billion fine it hit Intel with back in May, the largest fine ever imposed on a single company.

Intel, which wants all or at least some of its money back, claims the fine is "manifestly disproportionate given that the Commission fails to establish any consumer harm or foreclosure of the competitors."

It alleges that the EC failed to apply its own 2006 fining guidelines correctly and "takes into account irrelevant or inappropriate considerations."

The appeal claims the EC can't prove Intel engaged in a "long-term strategy to foreclose" AMD and ignored potentially exculpatory evidence, which "materially infringed Intel's right of defense." Intel also claims it was denied due process in being denied a hearing after the EC lodged its Supplementary Statement of Objections with a new set of allegations and new evidence that bore materially on its final decision.

It wants the Luxembourg court to void the EC's decision "in whole or in part." It also wants the Commission to pay its costs.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (0)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


IoT & Smart Cities Stories
The deluge of IoT sensor data collected from connected devices and the powerful AI required to make that data actionable are giving rise to a hybrid ecosystem in which cloud, on-prem and edge processes become interweaved. Attendees will learn how emerging composable infrastructure solutions deliver the adaptive architecture needed to manage this new data reality. Machine learning algorithms can better anticipate data storms and automate resources to support surges, including fully scalable GPU-c...
Machine learning has taken residence at our cities' cores and now we can finally have "smart cities." Cities are a collection of buildings made to provide the structure and safety necessary for people to function, create and survive. Buildings are a pool of ever-changing performance data from large automated systems such as heating and cooling to the people that live and work within them. Through machine learning, buildings can optimize performance, reduce costs, and improve occupant comfort by ...
The explosion of new web/cloud/IoT-based applications and the data they generate are transforming our world right before our eyes. In this rush to adopt these new technologies, organizations are often ignoring fundamental questions concerning who owns the data and failing to ask for permission to conduct invasive surveillance of their customers. Organizations that are not transparent about how their systems gather data telemetry without offering shared data ownership risk product rejection, regu...
René Bostic is the Technical VP of the IBM Cloud Unit in North America. Enjoying her career with IBM during the modern millennial technological era, she is an expert in cloud computing, DevOps and emerging cloud technologies such as Blockchain. Her strengths and core competencies include a proven record of accomplishments in consensus building at all levels to assess, plan, and implement enterprise and cloud computing solutions. René is a member of the Society of Women Engineers (SWE) and a m...
Poor data quality and analytics drive down business value. In fact, Gartner estimated that the average financial impact of poor data quality on organizations is $9.7 million per year. But bad data is much more than a cost center. By eroding trust in information, analytics and the business decisions based on these, it is a serious impediment to digital transformation.
Digital Transformation: Preparing Cloud & IoT Security for the Age of Artificial Intelligence. As automation and artificial intelligence (AI) power solution development and delivery, many businesses need to build backend cloud capabilities. Well-poised organizations, marketing smart devices with AI and BlockChain capabilities prepare to refine compliance and regulatory capabilities in 2018. Volumes of health, financial, technical and privacy data, along with tightening compliance requirements by...
Predicting the future has never been more challenging - not because of the lack of data but because of the flood of ungoverned and risk laden information. Microsoft states that 2.5 exabytes of data are created every day. Expectations and reliance on data are being pushed to the limits, as demands around hybrid options continue to grow.
Digital Transformation and Disruption, Amazon Style - What You Can Learn. Chris Kocher is a co-founder of Grey Heron, a management and strategic marketing consulting firm. He has 25+ years in both strategic and hands-on operating experience helping executives and investors build revenues and shareholder value. He has consulted with over 130 companies on innovating with new business models, product strategies and monetization. Chris has held management positions at HP and Symantec in addition to ...
Enterprises have taken advantage of IoT to achieve important revenue and cost advantages. What is less apparent is how incumbent enterprises operating at scale have, following success with IoT, built analytic, operations management and software development capabilities - ranging from autonomous vehicles to manageable robotics installations. They have embraced these capabilities as if they were Silicon Valley startups.
As IoT continues to increase momentum, so does the associated risk. Secure Device Lifecycle Management (DLM) is ranked as one of the most important technology areas of IoT. Driving this trend is the realization that secure support for IoT devices provides companies the ability to deliver high-quality, reliable, secure offerings faster, create new revenue streams, and reduce support costs, all while building a competitive advantage in their markets. In this session, we will use customer use cases...