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Technology Stocks : Advanced Micro Devices - Moderated (AMD) -- Ignore unavailable to you. Want to Upgrade?


To: gvatty who wrote (241462)9/29/2007 2:13:31 PM
From: wbmwRead Replies (1) | Respond to of 275872
 
Re: ...all to the end that the consuming public may receive better goods and services at the lowest obtainable cost.

This part is key. A reasonable defense is to illustrate the trends of better goods and services to consumers at the lowest obtainable costs. Intel has the data to do this, and we've seen the results.

AMD will argue that Intel is preventing free and open competition, and their complaints are largely based on specific events that seem to retard AMD's advances in the market.

But in the case of rebates, for example, Intel may argue that these have not prevented free and open competition, and point to the effects on consumers. How can AMD complain that they could have gained *more* market share, had it not been for Intel's rebates, since that's more of a benefit to AMD, rather than consumers. Intel will point to the data that shows that AMD did gain share, and that consumers benefitted.

So it all depends on how a court interprets the spirit of the Sherman Act. I think it's debatable, and certainly you have your own opinions. I'll leave it to the courts to decide, but I think it will be difficult for AMD to argue on behalf of AMD, rather than by effects that have harmed consumers.