AMD v. Intel
Advanced Micro Devices, Inc. (AMD) and Intel Corporation ended litigation over alleged anticompetitive practices in the microprocessor industry by agreeing to a settlement that includes restrictions on certain business practices and a $1.25 billion payout to AMD. The settlement amount is one of the largest in the history of Section 2 litigation. Bates White experts provided extensive analysis throughout the case.
Disputes between AMD and Intel have been long running and included a monopolization lawsuit filed in 2005 in the United States District Court for the District of Delaware alleging, among other things, a violation of Section 2 of the Sherman Act.
Bates White provided economic analysis on issues of antitrust liability and damages in support of experts hired by O’Melveny & Myers LLP, counsel for AMD. Bates White supported three economics experts—Stanford University Professor and Bates White Partner Doug Bernheim, Northwestern University Professor Thomas Lys, and Princeton University Professor Mark Watson. Professors Bernheim, Lys, and Watson submitted expert reports on behalf of AMD in the Delaware litigation. These reports were credited by lead counsel Chuck Diamond as being a significant factor contributing to the settlement.
In addition, a number of academics contributed to the analysis, including Northwestern University Professors Aviv Nevo and Michael Whinston, Harvard University Professors James Stock and Ariel Pakes, and University of Warwick Professor Gregory Crawford.
The Bates White team provided economic analysis of antitrust issues in the United States, Europe, and Asia. The Bates White team included Eric Gaier, Randal Heeb, George Rozanski, Steven Schulenberg, Boris Steffen, Scott Thompson, Halbert White, Elena Bisagni, Jeffrey Brown, Paul Johnson, Paolo Ramezzana, Joel Simkins, Vlad Olic, and Aleksandar Terzic.
For more information, download the case study.
- AMD and Intel Settlement Agreement (11 November 2009)
- New York Attorney General’s Office Complaint (3 November 2009)
- FTC Investigation (New York Times, 7 June 2009)
- European Commission Decision (COMP/37.990 Intel, 13 May 2009)