Advanced Micro Devices, Inc. v. Intel Corp.
Court	United States District Court for the District of Delaware
Full case name	In re Intel Corp. Microprocessor Antitrust Litigation
Docket nos.	1:05-cv-00441 1:05-md-01717
Citation	496F. Supp. 2d404 (D. Del. 2007)
Case history
Prior actions	Consolidated,In re Intel Corp. Microprocessor Antitrust Litig., 403 F. Supp. 2d1356 (J.P.M.L. 2005)
Court membership
Judge sitting	Joseph James Farnan Jr.

AMD v. Intel was a privateantitrustlawsuit, filed in the United States byAdvanced Micro Devices ("AMD") againstIntel Corporation in June 2005.

AMD launched the lawsuit against its rival Intel, the world's leadingmicroprocessor manufacturer. AMD has claimed that Intel engaged inunfair competition by offeringrebates to Japanese PC manufacturers who agreed to eliminate or limit purchases of microprocessors made by AMD or a smaller manufacturer,Transmeta.^[1]

The complaint was filed in theUnited States District Court for the District of Delaware in June 2005. The case was consolidated with thirteen other antitrust suits against Intel by theJudicial Panel on Multidistrict Litigation in November 2005.^[2] In July 2007, U.S. District JudgeJoseph James Farnan Jr. largely denied Intel's motion to dismiss.^[3] The court date, originally scheduled for April 2009, was pushed back to February 2010.

In February 2009 it was reported that Intel had spent at least $116 million to date on legal representation on the antitrust suit. This was inferred from a $50 million lawsuit filed by Intel against one of its insurers; the lawsuit disclosed that Intel had already exhausted $66 million in coverage from two other insurers while fighting the antitrust lawsuit.^[4]

Federal Trade Commission ChairwomanDeborah Platt Majoras blocked an inquiry into the matter until her departure in March 2008.^[5] In June 2008, new FTC ChairmanWilliam Kovacic opened an investigation.^[6]

This was not the first time AMD has accused Intel Corp. of abusing their power as the leading manufacturer forx86 processors. In 1991, AMD filed an antitrust lawsuit against Intel claiming that they were trying to secure and maintain a monopoly.^[7] One year later, a court ruled against Intel, awarding AMD $10 million "plus a royalty-free license to any Intel patents used in AMD's own x86-style processor".^[8]

In November 2009, Intel agreed to pay AMD $1.25 billion as part of a deal to settle all outstanding legal disputes between the two companies.^[9][10][11]

That week,Andrew Cuomo, then theAttorney General of New York, who had access to the 200 million documents indiscovery and 2,200 hours of witnessdepositions from the private lawsuit, filed another antitrust lawsuit under similar allegations.^[12] That lawsuit was ultimately settled in 2012 by Cuomo's successor for $6.5 million.^[13]

In December 2009, the FTC sued Intel.^[14] On August 4, 2010, FTC ChairmanJon Leibowitz reached a settlement agreement with Intel in which the company agreed to modify its rebate practices and establish a $10 million fund for misled customers.^[15][16]

In 2005, theJapan Fair Trade Commission issued Intel acease and desist order.^[17] On June 4, 2008,Korea Fair Trade Commission fined IntelUS$25.4 million for givingSamsung rebates to not use AMD processors.^[18] Some of the manufacturers involved in the case wereDell,HP,Gateway,Acer,Fujitsu,Sony,Toshiba, andHitachi.^[19][20]

In May 2009, theEuropean Commissioner for Competition,Neelie Kroes, fined Intel a record $1.45 billion (€1.06 billion) and ordered it to end its customer rebate program.^[21][22]

In 2022 the €1.06 billion fine was dropped, but was successively re-imposed in September 2023 as a €376.36 million fine.^[23]

• AMD
• United States computer case law
• Intel litigation
• United States antitrust case law
• United States District Court for the District of Delaware cases
• 2007 in United States case law
• Multidistrict litigation

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