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Technology Stocks : Advanced Micro Devices - Moderated (AMD)
AMD 207.67-6.2%Jan 12 3:59 PM EST

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To: combjelly who wrote (252184)5/21/2008 1:07:38 AM
From: Saturn VRead Replies (2) of 275872
 
As FPG pointed out, the 3M case.

The 3M case is not applicable at all, as I read it. From FPG links
abanet.org
"Third Circuit En Banc Decision. The Third Circuit completely disagreed with 3M. The en banc court said the case is not about pricing at all. Rather, it’s about exclusionary conduct —bundling conduct.
8 Specifically, the case is about multi-product bundled discounts that had the effect of excluding a smaller rival, LePage’s, which couldn’t offer the same breadth of products. According to the Third Circuit, LePage’s was competitively disadvantaged because it didn’t have a similar breadth of products on which to offer discounts.
9 It just couldn’t match 3M’s bundled rebates with
its one product—private label tape"

The LePage case involved Bundling, ie Selling a Multiple Product Bundle and the rebate being contingent on buying the entire multiple product package. That is not the case in the Intel-AMD situation.

Equally Efficient Competitor Issue: Reading thru the other links provided by FPG, The Equally Efficient Competitor Clause is supposed to help a small competitor who has a lower marginal cost, but a higher average total cost.

books.google.com
I doubt that AMD will qualify for this , since AMD has always been behind on silicon process technology and is extremely unlikely to have a lower marginal cost. AMD has been a year behind Intel on new lithography nodes and several years late to the 300mm wafers. It also suffers from the more expensive SOI wafers, and lower yields. And if Elmer's yield claims are half way correct, AMD will fail this test by a mile.
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