does this mean we still get a chance to buy intel at much lower price? FTC
FTC finds fault in Intel-DEC settlement
BY JUBE SHIVER JR. Los Angeles Times
WASHINGTON -- Sharpening its antitrust investigation of Intel Corp., the Federal Trade Commission staff has found serious antitrust problems with the computer chip maker's $700 million settlement of a patent infringement suit brought by rival Digital Equipment Corp., according to people close to the probe.
The FTC staff, which believes the settlement last October would limit competition to Intel's market-leading Pentium chip, is now building a case against the commission approving the deal. In addition, the FTC staff is mulling whether to restrict Intel's efforts to extend its dominance of microprocessors to other computer components, the sources said.
The 6-month-old FTC investigation of Intel is not expected to be completed until later this year. And the preliminary staff proposal could ultimately be rejected by an FTC commission that in the early 1990s declined to pursue a staff recommendation to impose antitrust sanctions on software giant Microsoft Corp.
The deepening investigation of Intel is a surprising turn of events. Most antitrust experts had expected the probe to reach a dead-end, since they believe Intel faces more competition in the computer chip-making business today than in 1993, when the FTC ended a two-year probe of Intel's business practices without taking any action.
Intel spokesman Chuck Mulloy said his company has no specific knowledge about the course of the FTC's investigation, but remains optimistic that the settlement will be approved.
''We are confident that after a review by the FTC, we will receive a clean bill of health,'' Mulloy said.
Gail Smart, a spokeswoman for Digital, said her company has been contacted by the FTC and is cooperating with the agency's investigation, but she would not otherwise comment on the probe.
Asked about the Intel investigation, FTC spokeswoman Victoria Streitfeld said, ''That's not something anyone here can talk about. ''We make decisions when we announce them.''
Digital filed its patent lawsuit against Intel last spring, accusing Intel of stealing Digital's technology for use in Intel's Pentium brand of microprocessors. The settlement provides that Digital will receive licensing fees and discounts on Intel products. It was structured with the intention of not increasing Intel's estimated 80 percent control of the microprocessor market.
It was not clear Wednesday what portions of the settlement have raised the FTC staff's concerns.
According to people familiar with the investigation, the FTC staff believes Intel's agreement to buy Digital Equipment's chip production operations for $700 million is anti-competitive.
Under the settlement, Intel has agreed to manufacture Digital's super-fast Alpha chip under license at that facility for seven years, after which it has the option to use it to make exclusively Intel processors. However, if Digital wanted to continue using the Alpha after that time, it could lease manufacturing capacity from another chip firm.
The FTC is also reviewing Intel's proposed purchase of Chips & Technologies Inc., of San Jose, a semiconductor firm that has a strong position in the market for graphics chips for portable computers. Critics have raised concern that Intel will use that deal to become dominant in graphics chips, a market segment where it is not now a significant player.
The FTC has told Intel that its review of the C&T purchase, which has taken much longer than expected, will be completed next week. |