Advanced Micro Devices - Moderated (AMD) Message Board

To: Elmer Phud who wrote (269654)	4/20/2012 12:34:00 PM
From: fastpathguru	Read Replies (1) of 272367

>It would provide an "affirmative defense" to the charges against them. So, in other words, it would mean they didn't misreport it? No, you are correct here, SEC vs. DELL was about misreporting/misleading/misrepresenting, rather than antitrust, even if the SEC complaint itself extensively addresses the "Exclusivity Payments". *Regardless, DELL did say explicitly* that such documents don't exist...** ...And they would have provided Intel an affirmative defense if they did. ...Although such a contract would still be subject to the "Rule of Reason", where pro-competitive business justifications would be weighed against any anti-competitive effect to determine whether the contract itself violated anti-competition laws regardless of its specific wording... Again, a moot point as no such contracts exist, according to DELL. fpg