Thursday, November 12, 2009
AMD Not Above Gloating Over Intel Legal Troubles
AMD has been carping about Intel’s alleged anticompetitive acts without satisfaction for so long that the company evidently feels entitled to a bit of gloating now that its rival has found itself in the legal crosshairs of the European Union and New York Attorney General Andrew M. Cuomo, among others. In remarks made during AMD Financial Analyst Day, CEO Dirk Meyer said that Intel’s current legal woes “ratify” AMD’s allegations.
“The decrease in _____ revenue was primarily due to _____” and “uncertainty associated with the proposed acquisition by Oracle and increased competition.” That refrain is repeated over and over again in Sun’s latest grim earnings report, which was filed without much in the way of announcement Friday afternoon.
Oracle CEO Larry Ellison is famous for his admiration of “The Art of War,” Sun Tzu’s sixth-century treatise on battle tactics. And the ancient wisdom has served Ellison well in Oracle’s long-running battle with SAP and its hostile bid for PeopleSoft. But it may get him in trouble when it comes to Oracle’s dealings with the European Commission and its inquiry into the company’s planned acquisition of Sun. The Financial Times reports that Oracle’s refusal to offer any concessions to European antitrust regulators may lead them to issue a formal complaint objecting to the deal.
Though he resigned earlier this year, former MySQL boss Mårten Mickos still has strong opinions about the open-source database outfit, which was acquired by Sun in 2008. In a letter to the European Commission Thursday, Mickos urged regulators to green-light Oracle’s takeover of Sun, arguing that to delay it will only harm competition. 
Approved without incident by Sun shareholders in July and the U.S. Justice Department in August, Oracle’s planned $7.4 billion acquisition of Sun Microsystems seemed poised to easily pass muster with European regulators as well. Sadly for Oracle, that’s not how things have played out. Citing “serious concerns” about the deal’s effect on competition in the market for databases, the European Commission has opened an in-depth investigation into it.
The Justice Department’s extended antitrust review of Oracle’s proposed acquisition of Sun apparently turned up few issues of concern. Oracle said this afternoon that regulators have approved the $7.4 billion deal with no restrictions.
Asked earlier this year if he would resign from Apple’s board in the face of Federal Trade Commission scrutiny of the close ties between the two companies’ boards of directors, Google CEO Eric Schmidt replied simply, “It hasn’t crossed my mind.” Well, apparently it has now.
So Google has finally copped to developing an operating system–Chrome OS, a software platform “created for people who spend most of their time on the Web, and…designed to power computers ranging from small netbooks to full-size desktop systems.” It is an extraordinary market play. And an unsettling one. For it seeks to place Google, which already collects vast amounts of data about our Internet use, at the very center of our information experience. The privacy implications of that are, of course, horrendous. 
What silliness. Microsoft and the European Commission have canceled a face-to-face hearing in an antitrust case pending against the company over a scheduling dispute, of all things.
Ouch. European regulators slapped Intel with an antitrust fine and, as expected, it’s a large one–a record $1.45 billion, which dwarfs even the $1.2 billion fine levied against Microsoft in 2008. The largest ever assessed for monopoly abuse, the fine follows charges that Intel abused its market dominance by illegally inducing PC manufacturers to use its chips over those of rival AMD.
Business journalists who had their careers curtailed by the souring economy might consider stopping by the Securities and Exchange Commission on their next trip to the unemployment office. The agency may have a good use for their talents, according to Chairman Mary Schapiro, who finds the sadly diminished ranks of the business press worrisome.
