Why Intel's $1.25 billion AMD deal may not get Andrew Cuomo off its back
Filed under: Company News, Technology, Investing, IBM, Intel, AMD
Intel, the world's largest microchip maker, said Thursday it has agreed to pay $1.25 billion to Advanced Micro Devices (AMD), its much smaller archrival, to settle an epic legal dispute with AMD that had its origins in the mid-'80s. Although Intel (INTC) itself admits the settlement doesn't require it to change its practices, the move may well be an olive branch directed at New York Attorney General Andrew Cuomo (pictured), who just last week launched a massive antitrust lawsuit against Intel. The chipmaker also continues to face regulatory scrutiny from Europe to Asia.In Cuomo's case, the investigation may be as much about bolstering his political credentials as competition in the Empire State. "It's common political wisdom that Andrew Cuomo wants to be the governor of New York," says Steven Greenberg, a pollster at Siena College in Albany, N.Y.
"He ran seven years ago, pulled out a week before the election and is widely believed by political insiders -- and probably among the broader electorate -- to want the job," Greenberg tells DailyFinance, though he notes that Cuomo has publicly said he's focusing on his current job, of course.
Still, Cuomo seems to be trying to bolster his tough-on-Corporate-America credentials at a time when public antipathy to Wall Street is at an all-time high, thanks to the financial meltdown, economic recession and government bailouts. Last week, he accused the giant chipmaker of using "bribery and coercion" as well as "illegal threats and collusion" to hurt rivals in violation of state and federal law. In particular, the lawsuit accuses Intel of using its market power to hurt AMD.
Cuomo has accused Intel of paying IBM (IBM) $130 million to bribe Big Blue to stall adoption of AMD's Opteron chip, as well as threatening to scuttle joint projects with IBM if the computer giant used AMD's chips. Intel could face hundreds of millions in penalties.
Under Scrutiny Around the World
Cuomo's probe is one of many currently underway into Intel's business practices. The company is challenging a $1.5 billion fine from European regulators, and South Korea has also fined it.
EU spokesman Jonathan Todd says the European Commission "takes note" of Intel's settlement with AMD, but that it doesn't change Intel's duty to comply with European antitrust law.
In a perhaps more ominous sign for the chipmaker, however, its settlement with AMD doesn't seem to be changing Cuomo's lawsuit, Reuters reported, citing a source familiar with the matter.
By contrast, the Federal Trade Commission said Thursday it would review its ongoing antitrust probe of Intel, in light of the AMD settlement. "Certainly, we plan to review the settlement between Intel and AMD in their private litigation," FTC Chairman Jon Leibowitz told Dow Jones. "The FTC has an ongoing independent investigation of Intel's practices so we cannot comment further at this time."
No Basic Changes
If the AMD settlement is indeed a gambit by Intel to get the Empire State's top cop off its back, it could easily fall short. That's especially so given the company's admission that the deal doesn't require it to change certain practices now under scrutiny.
"There are no changes to pricing policies as a result of this contract," Intel officials repeatedly told a conference call with analysts. The terms of the agreement calls for Intel and AMD to forge a new five-year cross-licensing agreement over patent rights. The companies will forego any claims stemming from previous disputes. And they agreed to "abide by a set of business practice provisions."
Intel officials denied that the move was a response to Cuomo's probe, saying the two companies began talks in the spring. Still, officials from both companies seem to argue that the settlement undercuts various regulatory investigations. "Now that the issues between the private parties are settled, I think that should provide some degree of comfort for the regulators," Intel CEO Paul Otellini told analysts.
Otellini was pressed by reporters about why his company is paying $1.25 billion if it didn't do anything wrong and isn't making any material changes in its business practices. "While it pains me to write a check at any time, in this case I think it was a practical settlement, and in many ways it was a small multiple compared to the potential damages in a jury trial," Otellini said.
Looking for a "Healthy Normal Relationship"
Ottelini also challenged Cuomo's case. "Many of the documents are taken broadly out of context," Otellini said. "When the full nature ofthe emails is exposed, I think you will see another way to interpret the emails. We're anxious to talk about our side of the story." He added: "We continue to believe we have not violated any laws."
"With this agreement, we are trying to reset the relationship with Intel," AMD CEO Dirk Meyer said on a conference call Thursday morning. "We are withdrawing all complaints against them. We're going to put this behind us." Meyer said the relationship between Intel and AMD had been "really emotional, intense and acrmonious for all too many years." AMD shares leaped up around 20% in midday trading on Thursday, to around $6.40. Intel's were basically flat, perhaps indicating investors don't see the end of Intel's legal trouble.
In what must have be music to Intel's years, Johnson said AMD wants "healthy normal relationship between competitors when they have a disagreement. We want to resolve our differences before they spill into the court or the public affairs domain."
Intel may have buried the hatchet with AMD, but Cuomo -- eyeing the governor's mansion -- appears to remain on the warpath.



























Reader Comments (Page 1 of 1)
11-12-2009 @ 3:20PM
Lance Manly said...
New Yorkers should be embarrassed and insulted by Andrew Cuomo. This morning I read an article on this site that said he is sueing Amgen too. Hrmmm, so far its AMD and Amgen, did he just find a list of the 200 largest American companies and decide to just working his way from top to bottom? Look out Apple, you're probably next!!
This guy needs to do his job taking care of New York and stop worrying about trying to sue every big corporation he can find. All he's doing is wasting tax payer money that the state doesn't have. I guess whenever a New York citizen loses his job and wishes he/she had more government support, they should be glad Cuomo is spending money that could be going to them in a shallow effort to become the next governor.
Look, I don't live in New York, so whatever, to me, the bottom line is New Yorker's should be insulted that a) Cuomo thinks you're so stupid that you won't see through these law suits to his obvious political motivations and b) Cuomo thinks that you are so stupid that as long as he goes after any corporation then you'll be happy. If Cuomo really wanted to prove that he's a people's champion against the evil corporations, then why isn't he going after financial companies???
Just sad, honestly.
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11-12-2009 @ 4:56PM
Al said...
Let me check, Intel admits wrongdoing and so Cuomo is a schmuck?
Oh. OK, whatever.
And Lance, it is Intel and Amgen. Try again. This texting stuff if rough ;)
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11-12-2009 @ 6:54PM
Bill520 said...
No Andrew Cuomo Is a schmuck for suing banks for Billions of dollars as Bill Clinton's Secretary of HUD, forcing banks to give loans to people who can't afford them.
11-12-2009 @ 6:43PM
hopflcd said...
Although we have a lot of respect for Cuomo, one would think that the continued attack on Intel is misguided and a waste of limited funding to carry out a greater and more mission. There is so much corruption in the investment and banking industry, the real estate and appraisal industry, etc. all of which has cost NY'ers untold losses and misery. Continued prosecution in these areas and changing the rules to make them fairer to the public would be more appreciated, and certainly would give Cuomo more browny points with the general public. charles e hopfl
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11-12-2009 @ 6:48PM
John Feltman said...
Manly is right! Cuomo should investigate Sheldon Silver,and Charlie (The Corporal) Rangle. And they're just the top of the cesspoll of political corruption that exists in New York. It will be interesting to see what Cuomo does in seeking the People's right to referendum concerning Same -sex marriages,because, if he does nothing,his chances of becoming Governor will be less than they are now.
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11-12-2009 @ 7:09PM
Gordon said...
Within the next few years, we will be glad to pay $4 per gallon for gas. Obama stated publicly that enerygy will "necessarily" skyrocket. It's coming soon. Also, if the Copenhagen treaty is signed by Obama, we will all suffer, but no one more than the middle class American. You don't need to watch Beck to understand this. You all have acess to a computer. Look this up for yourselves. Don't form your views and opinions based on Glenn Beck, Lingaugh or Polosi or anyone else. Please investigate and read it for yourselves.
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11-12-2009 @ 9:17PM
John said...
The Cuomo camp needs to provide the media a new file photo. Is he confused, waiting for the light to change, constipated....? What is the deal with this same photo that is shown over and over?
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11-13-2009 @ 5:01AM
jason white said...
Let him go after all the european and asian companies that have illegal business practices. Some companies have been dumping their products in the U.S. for decades and they ruined our industries.
If an American company is successful like Microsoft or Intel, then the europeans will want to fine them and cut back on their success.
We are fortunate that we have companies like Microsoft and Intel that have provided us with soft wear and hard ware for our computers and the price always goes down.
Too bad there is not a law to prevent the children and grandchildren of politicians from entering politics themselves.
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11-13-2009 @ 9:17AM
bill said...
How do you spell "I want the residence in Albany back"? Does trying to make the political climb on the backs of the AG office crawling through business issues sound familiar to anyone? Seems I recall one guy who went after the insurance area for a practice that was not illegal but the company did not disclose what they had done to the customer. And again from what I understand what they did was not illegal. So he won a concession, looked like the white knight, and off he went to Albany. Then his fame spread when he became known worldwide as CUSTOMER NINE I recall. How far behind Eliott is Andrew? Just wondering, really!!!
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