We didn't know it was gonna happen your honour
CHIP GIANT Intel has asked the judge presiding over AMD's antitrust action against it for permission to serve a subpoena on ATI Technologies.
That, explained Chipzilla lawyers to the judge, is because on the 24th of July AMD said it would buy ATI for $5.4 billion. "Upon knowledge and belief, there was no public announcement of the ATI acquisition prior to July 24, 2006," said the letter to His Honour.
Intel quoted AMD's release which said the combo would create "a processing powerhouse" and copied the press release to His Honour.
Said Intel: "In light of [this]... and its stated purpose to expand AMD's ability to compete in the microprocessor business and the substantial technological scope and dollar value of the transaction, it is likely that ATI has within its possession or control documents that are relevant to claims or defenses of the parties in the action."
Which documents? Intel gives a list to His Honour saying it is seeking info on the transaction's strategic rationale, growth opportunies and financial projections; any potential or actual effect of the acquisition on chipsets, graphics processors and/or microprocessors; the potential or actual effect of AMD's acquisition of ATI on Intel's or AMD's business or business practices; any actual or perceived underperformance by AMD in the consumer, corporate and/or mobile market segments before the acquision; and lastly in this list the potential or actual effect of AMD's acquisition of AMD's acquisition of ATI on AMD's competitiveness and "the actual or perceived benefits AMD expects to enjoy in the consumer corporate and/or mobile market segments by acquiring ATI".
Intel explains that it didn't know before the 24th of July that ATI might have such documents and that's why it didn't serve a subpoena on ATI a month after the deadline for serving third party subpoenas. AMD said it doesn't mind if Intel serves such a subpoena, according to Chipzilla.
The INQuirer