Intel Corp (INTC)

[imho]

Sarmad,


http://finance.yahoo.com/news/Intel-lawyer-uphill-battle-to-apf-15305522.html?.v=2

SANTA CLARA, Calif. (AP) -- Intel Corp.'s top lawyer says that fighting the European Union's record $1.45 billion antitrust fine will be an "uphill battle."

Is there anyone on this thread that thought Intel would say anything else? This is the proper and correct response.

Now I am not a lawyer, but this is how I understand it. The issue before the court will not necessarily be about Intel v. AMD. My understanding is the issue before the court will be Intel v. EU Competition Commission. Intel's complaint is that the EUCC made the decision without examining all the evidence, even when Intel was ready to present it. The question is, did the EUCC violate EU Law in coming up with its decision and fine. This indeed will be an uphill battle and will be the crux of the case. If Intel can convince the court that the EUCC does not have "carte blanche" with its decision, and EU Law states or implies ALL evidence unconditionally must be heard, then it should be rather easy to demonstrate evidence was ignored. Taken together, I think Intel wins. If the court believes EU Law gives the EUCC the flexibility to pass judgment any way it likes, then Intel will lose. It is also possible that the court will take on the whole Intel v AMD case from scratch, but that will take a long time and I doubt they want to do this.

It will definitely be a tough battle, but I think it will be a battle over EU Law (or lack thereof) than anything else.

IMHO