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Technology Stocks : Advanced Micro Devices - Moderated (AMD)
AMD 260.58+9.7%11:58 AM EST
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To: Elmer Phud who wrote (213040)10/9/2006 3:41:42 PM
From: fastpathguruRead Replies (1) of 275872
 
Now let me ask you a legal question. Assume for a moment that Intel is found to be a monopoly, which I think is likely. Does the standard of conduct apply retroactively or from that point forward? If it applies retroactively, would counsel be negligent if they did not recommend that Intel conduct themselves under the presumption that they would be found to be a monopoly at some future point?

It hardly matters if Intel IS a monopoly right now or not.

What makes NOW so special in a trial that will be held in 2009 over conduct that allegedly took place between 2002-2005 (other than as related to ongoing conduct?)

It will be determined whether Intel was a monopoly during the period that the lawsuit covers.

Intel's lawyers should have been informing their staff of what practices were appropriate or not relative to the probability that they could be considered a monopoly at the time.*

I.e. They should have been saying, "It's highly likely that we would be considered a monopoly in the eyes of the law, so we should really practice business under the assumption that we are a monopoly."

fpg

*For those practices that are prohibited by monopolies, as opposed to all the anticompetitive practices that are prohibited regardless of whether a company is a monopoly or not.
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