Intel files to throw out AMD case

— 11:31 AM on May 4, 2006

Intel has filed a motion to dismiss AMD's antitrust complaint on the grounds that it is outside the jurisdiction of the Delaware U.S. District Court currently handling the case. Intel is gambling on the fact that AMD's processors are produced in Dresden, Germany, and that the antitrust complaint covers foreign losses:

"To a large extent, AMD seeks recovery under U.S. antitrust law for lost sales of its foreign-made microprocessors to foreign companies in foreign locations," Intel said in court documents. "Much of AMD's claimed injury boils down to this contention: AMD was allegedly injured when its sales offices in Paris, Munich, Surrey, Beijing, Osaka, and other foreign countries failed to sell more of its German-manufactured microprocessors to French, German, British, Chinese, Japanese, and other foreign customers. AMD cannot invoke the U.S. antitrust laws to attempt to address these alleged harms that occurred (if at all) outside the United States."
AMD has responded to these claims, saying the motion to dismiss is an "effort to escape responsibility for marketplace misconduct and to inhibit fair and open competition in the microprocessor market." Nonetheless, AMD's legal team is examining the motion and expects to get the matter decided in the middle of June, according to EE Times.
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