Intel Corp (INTC)

[Windsock]

The Obama administration has not attacked Intel. It would be fair to blame or credit the Obama administration for antitrust enforcement by the DoJ but not enforcement by the current FTC. All four of the current FTC Commissioners were appointed by Pres George W Bush to the FTC. Pres Obama elevated Commissioner Leibowitz, an original Bush appointment, to the Chairmanship.

http://www.ftc.gov/commissioners/index.shtml

The Obama nomination of Judith Brill for the 5th seat is still pending.

http://legaltimes.typepad.com/blt/2009/11/obama-names-two-lawyers-to-ftc-slots.html

The DoJ and the FTC have overlapping antitrust enforcement authority but they use different trial procedures. The DOJ uses the US District Court for and the FTC uses an administrative law Court. The areas of enforcement are worked out through informal agreement often on industry lines. An appeal from either trial court can be made to the US Circuit Court of Appeals and then the US Supreme Court

The FTC handles enforcement on Intel and originally it also handled enforcement with Microsoft. However, when the FTC decided in a 3 - 2 decision not to take action against MS the DoJ took another look and decided to take action against MS. This presented a classic case of a difference in opinion on antitrust law between the DoJ and and the FTC.