LUXEMBOURG, May 16 (Reuters) - U.S. chipmaker Intel ( INTC )
on Friday sparred with EU antitrust regulators over a
376 million euro ($421.4 million) fine levied nearly two years
ago for excluding rivals from the market, arguing that it was
disproportionate and unfair.
The case dated to 2009 when the European Commission slapped
a then-record 1.06 billion euro fine on Intel ( INTC ) for blocking rival
Advanced Micro Devices ( AMD ).
The tech giant managed to convince the General Court,
Europe's second-highest, to scrap the penalty in 2022.
Judges however agreed with one part of the Commission's 2009
decision, prompting the EU competition watchdog to re-impose a
376 million euro fine for payments made by Intel ( INTC ) to HP,
Acer and Lenovo ( LNVGF ) to halt or delay rival
products between November 2002 and December 2006.
Such practices are known as naked restrictions and are
frowned on by antitrust regulators. Intel ( INTC ) then took its case
back to the General Court, asking for the new EU decision and
penalty to be annulled.
Intel's ( INTC ) lawyer said the EU competition enforcer had not
taken into account the limited scope of the violations related
to HP, Acer and Lenovo ( LNVGF ).
"The Commission cannot sustain a finding that there was an
overall strategy to foreclose competitors from the entire x86
chips market. These were narrow, tactical moves," Daniel Beard
told the panel of five judges.
"The naked restrictions can't be treated as in effect of
equal weight to each of the pricing practices which were
overturned. Nor do they have the same sort of cumulative effect
or strategic weight. They, on their own, don't sustain an
overall, market-wide strategy finding," he said.
Beard said the Commission had imposed "a wholly
disproportionate and unfair" fine.
The EU watchdog rejected Intel's ( INTC ) arguments.
"The Commission correctly applied the finding guidelines,
and when in doubt, opted in Intel's ( INTC ) favour," its lawyer Pedro
Caro de Sousa said.
"The fine is clearly not disproportionate to the seriousness
of Intel's ( INTC ) conduct, amounting to 1% of its turnover on the last
year of the infringement, and about 0.5% of its turnover today,"
he said.
Both Intel ( INTC ) and the Commission called on the court to resolve
the issue by setting the size of the fine. A ruling is expected
in the coming months.
The case is 09:30 T-1129/23 Intel Corporation v Commission.
($1 = 0.8922 euros)