High Court Asks for Government View in AMD-Intel Lawsuit
Monday January 13, 12:05 pm ET
By Mark H. Anderson, Dow Jones
biz.yahoo.com
WASHINGTON -- The federal government was asked by the Supreme Court to weigh in on whether a lower court properly opened the door for Advanced Micro Devices Inc. (NYSE:AMD - News) to gain access to Intel Corp. (NasdaqNM:INTC - News) internal documents in connection with a European antitrust investigation.
AMD sought access to Intel business-practices documents in 2001 so it could turn them over to the European Commission, which is conducting a preliminary investigation into Intel's marketing practices. The EC's investigation began after AMD filed a complaint alleging Intel engaged in anticompetitive practices in Europe.
The U.S. Solicitor General will now file a brief with the Supreme Court in the case.
The two companies are fierce competitors. Sunnyvale, Calif.-based AMD has pressed anticompetitive charges against Santa Clara, Calif.-based Intel for years. The documents in question are part of a sealed court record from a separate and closed antitrust case brought against Intel by Intergraph Corp. (NasdaqNM:INGR - News) .
The EC hasn't requested the documents in question. In a brief, the commission told the Supreme Court it "does not consider it necessary to request or to even subsequently review the documents sought" by AMD. The EC also said it was worried the U.S. court decision could undermine its law-enforcement activities.
However, the 9th U.S. Circuit Court of Appeals in San Francisco reversed a lower court ruling last September and said a U.S. law may allow discovery of the documents sought by AMD.
At issue is the interpretation of a federal law aimed at compelling discovery of information for proceedings in a foreign or international tribunal. The appeals court ruling determined the EC's investigation qualified under the law and remanded the case to the lower court for review of the discovery request.
Intel's appeal to the Supreme Court challenges that conclusion. "The 9th Circuit held that such discovery is available where, as here, no 'proceeding' before a foreign 'tribunal' is underway or even imminent," the company said in its appeal.
Both the U.S. Chamber of Commerce and the National Association of Manufacturers have filed documents with the Supreme Court in support of Intel.
In opposing Supreme Court review, AMD argued the case wasn't ripe for high court review because discovery hasn't been ordered yet. Calling Intel's appeal " breathless hyperbole," AMD said, "The court of appeals decision does not itself subject Intel to any discovery obligations."
A trial judge has yet to rule on the remanded discovery request, but was scheduled to do so this week after the Supreme Court decided whether to take up the case. |
