Dell Received $6B Through Secret Intel Pact

dguy6789

Diamond Member
Dec 9, 2002
8,558
3
76
http://online.wsj.com/article/BT-CO-20091104-722996.html

Edit: For some reason, the article is getting cut off. Here is a copy and paste of the whole original one:

" SAN FRANCISCO (Dow Jones)--Dell Inc. (DELL) allegedly received billions of dollars in payments over a four-year period to use chips made by Intel Corp. (INTC), payments that sometimes totaled more than the computer maker's reported profits for a fiscal quarter, according to a lawsuit filed on Wednesday.

Dell, the world's third-biggest computer maker based on shipments, was allegedly paid about $6 billion between February 2002 and January 2007, according to the lawsuit. In one fiscal quarter, the lawsuit says payments from Intel constituted 116% of Dell's reported net income.

The allegations against Intel are part of a lawsuit filed by New York State Attorney General Andrew Cuomo. The lawsuit alleges Intel paid computer makers to discourage them from using chips made by competitor Advanced Micro Devices Inc. (AMD). Other computer makers alleged to have dealt with Intel include Hewlett-Packard Co. (HPQ) and International Business Machines Corp. (IBM).

The supposed payments raise questions about Dell's health, suggesting the Round Rock, Texas, company relied on subsidies from Intel to maintain its level of profitability. Dell has struggled to cut costs and streamline its operations to catch up with competitors, like H-P. The suit "could impact Dell's profitability," said Shaw Wu, an analyst at Kaufman Brothers.

The lawsuit doesn't specify whether Dell is currently receiving payments similar to the ones alleged. But a footnote says "there is evidence that Intel continues to apply pressure to Dell to minimize AMD's ability to compete effectively."

Dell declined to comment. Intel said it would defend itself. A Hewlett-Packard spokeswoman declined to comment. An AMD representative could not be reached immediately.

An IBM spokesman said the company cooperated with requests for information from the government and the company believes it conducted its business appropriately.

The lawsuit alleges that Dell received more money than any other computer maker.

"In pure dollar terms, Dell was far and away the leader in receiving Intel's largess," the lawsuit says. "Dell understood that the primary purpose of the various 'Intel Funds' was to keep AMD (central processing units) out of Dell computers and servers," it says later.

Under a secret arrangement once-called the "Mother of all Programs," Intel paid Dell a rebate based on the total value of chips the computer maker bought, according to the lawsuit. The percentage of the rebate varied but reached up to 16% as Dell contemplated using AMD products.

The payments were so large that in 2002 Dell stopped considering the introduction of some products using AMD chips when Dell worried that Intel would end about $250 million in payments and give them instead to competitors, according to the lawsuit.

As part of the agreement with Dell, Intel set up a "bid bucket," through which Intel subsidized below-cost bids by Dell against competitors selling AMD-based computers and servers to large businesses, the lawsuit says. The program's purpose was to "stop AMD" from successfully winning new accounts, according to the suit.

The alleged payments dropped off in 2006 after Dell began using AMD chips in some of its products. Still, Intel paid Dell around $200 million between November 2006 and January 2007, about 29% of the Dell's net income for the fiscal quarter ending Feb. 2, 2007.

On Wednesday, Dell shares fell a penny to $14.58, Intel added 1.3% to $18.59, and IBM rose 0.1% to $121.29. H-P rose 0.5% to $47.76.


-By Ben Charny, Dow Jones Newswires; 415-765-8230; ben.charny@dowjones.com "

******

This is probably a major cause of AMD's current financial troubles.

From the time the Athlon 64 launched until the time the Core 2 Duo launched(2003-2006), AMD had both the best performance at every price point and also the performance crown. There really was no reason for anyone to go with a Pentium 4. Despite this, at least on the desktop side, Athlon 64 processors were never terribly popular. Now we know why.

Intel was paying Dell(and possibly other companies) not to use AMD until they could develop a processor capable of competing with the Athlon 64, while at the same time causing AMD to not make much return on the huge investment they put into the K8 despite it being the right product at the right time in every aspect. The lack of significant return throughout the entire K8 life cycle was probably what caused them to be so behind with the Phenom and Phenom II as well.

Thoughts?
 
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Phynaz

Lifer
Mar 13, 2006
10,140
819
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Where is AMD building that fab again?

What state has a history of electing "tough on big crime" AG's to the Govs office?


Match made in heaven? I don't know, we'll have to wait about five years.
 
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Phynaz

Lifer
Mar 13, 2006
10,140
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Despite this, at least on the desktop side, Athlon 64 processors were never terribly popular.

I thought they were very popular at the time. I even remember shortages at the distributor level even though AMD was running both fabs flat out. AMD even admitted they screwed up channel supply by allocating to much product to the OEMs.
 

dguy6789

Diamond Member
Dec 9, 2002
8,558
3
76
From what I remember, they were popular with enthusiasts(which is a very small niche that could almost be considered a rounding error to companies like Intel and AMD) but I do not recall seeing very many manufacturer desktops with Athlon 64 processors in them for a long time.
 

Nemesis 1

Lifer
Dec 30, 2006
11,366
2
0
When was the last lawsuite between intel and AMd . 2001 or 2002. Strange findings but considering its NY state not really . Pitful place . Buildings fall because planes. or fire were nowhere else in the world has this ever occurred . NY state and its rep. are not the place to look for ans . But if this is TRUE and is proven in court . Its intels end . The share holder lawsuite for illeagal payments in the amount of 6 BILLION in 4 years . Plus what ever intel paid others will be brought up the moment this is proven . Were talking 10 billion of unclaimed shareholder profits . I would like to know how intel cooked the books to hide this another illeagal action . So if this is true Intel will be bankrupted . By NY state lawsuite AMD lawsuite and the final shareholder lawsuite.

So all rejoice if this is true as Intel will be done . After all this is what so many want . In this case I hope they get what they want. Intel will have to pay shareholders =amount as payment bribies.
 

Denithor

Diamond Member
Apr 11, 2004
6,300
23
81
http://online.wsj.com/article/BT-CO-20091104-722996.html
Under a secret arrangement once-called the "Mother of all Programs," Intel paid Dell a rebate based on the total value of chips the computer maker bought, according to the lawsuit. The percentage of the rebate varied but reached up to 16% as Dell contemplated using AMD products.

So lemme get this straight - Intel gave a 16% rebate to Dell in order to keep AMD chips out of their systems? And that was enough? Doesn't seem like the numbers add up on that one - hasn't AMD offered cheaper chips (on a $$/perf basis) than Intel pretty consistently? Except of course during the A64 vs Prescott days - when AMD's chips were ridiculously overpriced versus the performance they offered...
 

nyker96

Diamond Member
Apr 19, 2005
5,630
2
81
I did remember Dell was Intel exclusive for a long time back then even know AMD did have the better cpu but eventually caved in. I remembered it was because Intel gave a hefty discount to Dell for going their way. But didn't know it was illegal although I think AMD complained about that a lot in the press. Looks like someone in the justice dept looked into this.
 

thinkwhy

Member
Oct 13, 2009
109
3
81
I don't see any difference between lowering prices and giving out rebates. Intel didn't want one of its customers to buy their competitors product, so they offered lower prices through a rebate. They lost to AMD in performance, so they decided to compete based on price. I see nothing illegal or anti competitive in this.

It may be true that the end consumer did not benefit from the price rebate through lower system costs, but retail system pricing is decided by Dell, not intel.
 

Zap

Elite Member
Oct 13, 1999
22,377
2
81
hasn't AMD offered cheaper chips (on a $$/perf basis) than Intel pretty consistently? Except of course during the A64 vs Prescott days - when AMD's chips were ridiculously overpriced versus the performance they offered...

Well, they were priced high because of higher relative performance.

Intel still does "channel rebates." Basically a reseller or system builder get rebated some amount of money based on the quantity of Intel CPUs purchased from distribution. AFAIK it is purely based on volume and has no stipulations on not buying competing products. Basically it is a volume discount on a periodic basis. Nothing wrong with that. Kind of like "$10 for one, $9 each for 10" except you don't have to buy all 10 at once.

The potential problem is if Intel offered more or threatened to reduce these rebates for "loyal" customers in order to cut out competition. If that happened (and can be proven) then things don't look too good for Chipzilla.
 

cmdrdredd

Lifer
Dec 12, 2001
27,052
357
126
When was the last lawsuite between intel and AMd . 2001 or 2002. Strange findings but considering its NY state not really . Pitful place . Buildings fall because planes. or fire were nowhere else in the world has this ever occurred . NY state and its rep. are not the place to look for ans . But if this is TRUE and is proven in court . Its intels end . The share holder lawsuite for illeagal payments in the amount of 6 BILLION in 4 years . Plus what ever intel paid others will be brought up the moment this is proven . Were talking 10 billion of unclaimed shareholder profits . I would like to know how intel cooked the books to hide this another illeagal action . So if this is true Intel will be bankrupted . By NY state lawsuite AMD lawsuite and the final shareholder lawsuite.

So all rejoice if this is true as Intel will be done . After all this is what so many want . In this case I hope they get what they want. Intel will have to pay shareholders =amount as payment bribies.

Are you on crack? Intel done? Intel owns the patents on much of the technology used in modern computers. Without Intel your PC is done...get real. I sure as hell don't want AMD's current crap in my PC, aside from video cards.
 

Nemesis 1

Lifer
Dec 30, 2006
11,366
2
0
I don't see any difference between lowering prices and giving out rebates. Intel didn't want one of its customers to buy their competitors product, so they offered lower prices through a rebate. They lost to AMD in performance, so they decided to compete based on price. I see nothing illegal or anti competitive in this.

It may be true that the end consumer did not benefit from the price rebate through lower system costs, but retail system pricing is decided by Dell, not intel.

Good good reply. Yep intel payed billions in bribes while at the same time reported billion $$ profit every qt. What the freakis wrong with AMD . How much does AMD have to pay intel for every chip it makes . It must be alot . Because when deal was made a cheap chip was $300. Intel probably just gave the checks AMD gave Intel for X86 usage. To dell . So it was AMDs money that bribed Dell not Intels.
 

cmdrdredd

Lifer
Dec 12, 2001
27,052
357
126
Good good reply. Yep intel payed billions in bribes while at the same time reported billion $$ profit every qt. What the freakis wrong with AMD . How much does AMD have to pay intel for every chip it makes . It must be alot . Because when deal was made a cheap chip was $300. Intel probably just gave the checks AMD gave Intel for X86 usage. To dell . So it was AMDs money that bribed Dell not Intels.

Intel PAYS AMD for the 64bit license. No pay, no 64bit tech on Intel CPU.
 

Idontcare

Elite Member
Oct 10, 1999
21,118
58
91
If folks have a problem with anything Intel did then they should equally have an issue with the individual resellers who profited from what Intel did as well (this goes for the EU committee fine deal as well). Intel may be guilty but they sure as hell didn't act alone, it takes two to setup a deal to screw the third guy.
 

wwswimming

Banned
Jan 21, 2006
3,702
1
0
Thoughts?

exactly the kind of monopolistic activity anti-trust laws are designed to counteract.

i hope Intel & Dell get hammered with some HUGE fines and AMD & consumers get the $$.

then back to old fashioned (?) competition.
 

Idontcare

Elite Member
Oct 10, 1999
21,118
58
91
i hope Intel & Dell get hammered with some HUGE fines and AMD & consumers get the $$.

That would be ideal but we all know that no one, not even the government agencies task with preventing this sort of thing from happening, are actually looking out for the best interests of AMD or the consumers in this situation.

The only justice served for AMD and consumers is knowing that Intel will get a shake down by an even bigger and badder monopoly (aka the government of the region involved). That will simply have to be enough for us unless we have a few tens of millions lying around to hire the kind of legal team necessary to win a lawsuit, even class action style, against deep pockets like that.
 

veri745

Golden Member
Oct 11, 2007
1,163
4
81
I don't see any difference between lowering prices and giving out rebates. Intel didn't want one of its customers to buy their competitors product, so they offered lower prices through a rebate. They lost to AMD in performance, so they decided to compete based on price. I see nothing illegal or anti competitive in this.

It may be true that the end consumer did not benefit from the price rebate through lower system costs, but retail system pricing is decided by Dell, not intel.

When it's a rebate dependent on not purchasing a competitor's products it becomes illegal.
 

Martimus

Diamond Member
Apr 24, 2007
4,488
152
106
That would be ideal but we all know that no one, not even the government agencies task with preventing this sort of thing from happening, are actually looking out for the best interests of AMD or the consumers in this situation.

The only justice served for AMD and consumers is knowing that Intel will get a shake down by an even bigger and badder monopoly (aka the government of the region involved). That will simply have to be enough for us unless we have a few tens of millions lying around to hire the kind of legal team necessary to win a lawsuit, even class action style, against deep pockets like that.

IDC, we don't all know that. You may believe that, but I do not at all. The Government agency in charge of this does in fact care about the consumers, as it is the primary reason to take such a job in the first place. Your initial quote does not have any backing, and I would definitely challenge it.
 

Phynaz

Lifer
Mar 13, 2006
10,140
819
126
For example, over the four-year period from February 2002 to January 2007, it received approximately $6 billion in 'rebates.

I keep doing the math, and isn't that a five year period?

If you are going to sue a company, at least get the facts correct in the complaint.
 

Nemesis 1

Lifer
Dec 30, 2006
11,366
2
0
Intel PAYS AMD for the 64bit license. No pay, no 64bit tech on Intel CPU.


Well I can show you in the settlement that AMD pays for every X86 cpu they make .

You can not link to were Intel pays AMD anything / I am sure you have read that Intel wants to make public the settlement in full disclosure AMD does not . Why doesn't AMD want this to be public knowlrdge . I tell you why . If AMD adds to X86 it automaticly becomes Intels property . Many other licenses are set up this way. If you add to the intelectual properity it becomes the properity of the orginal owner.

Intel pays AMD ZERO for AMD 64 As the moment it came out it became intel properity. Good luck proving intel pays AMD anything . You can not disprove what I said about property right either.

Its like the sidewalk in your yard its not your yard or sidewalk but you have to maintenance said properity . Sorry thats the way it is. Ditches same thing its city state federal property and if you alter said ditch so it doesn't drain you become liable for all properioty damage said changes make . Got a clue yet?
 
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Nemesis 1

Lifer
Dec 30, 2006
11,366
2
0
Well, they were priced high because of higher relative performance.

Intel still does "channel rebates." Basically a reseller or system builder get rebated some amount of money based on the quantity of Intel CPUs purchased from distribution. AFAIK it is purely based on volume and has no stipulations on not buying competing products. Basically it is a volume discount on a periodic basis. Nothing wrong with that. Kind of like "$10 for one, $9 each for 10" except you don't have to buy all 10 at once.

The potential problem is if Intel offered more or threatened to reduce these rebates for "loyal" customers in order to cut out competition. If that happened (and can be proven) then things don't look too good for Chipzilla.

It wasn't like that at all until X2 appeared P4 and AMD 64 were pretty even . Intel won many Benchies . But AMD64 was stronger in games . A kid thing mostly.
 

Idontcare

Elite Member
Oct 10, 1999
21,118
58
91
IDC, we don't all know that. You may believe that, but I do not at all. The Government agency in charge of this does in fact care about the consumers, as it is the primary reason to take such a job in the first place. Your initial quote does not have any backing, and I would definitely challenge it.

You say my quote has no backing but your own post claims that it is fact that a government agency cares...so you, presumably, have proof validating this fact as being factual?

...Or are you perchance merely voicing your opinion as being counter to my stated opinion, neither of which are any more or less factual than the other and thus neither can be challenged as being provably wrong?

For the record, government agencies are not sentient beings, they are constructs of organizational charts within which individual humans attribute their employment with and somewhat align their daily activity agenda too, a government agency is without the capacity to invoke or project anthropomorphic emotional characteristics such as "caring" or "greed".

As such it is technically correct, in every sense of the literal application and interpretation of the terminology, to say that government agencies do not care about the consumer because a government agency is without the ability to care. Your lawnmower does not care about your yard, it is incapable of caring. Your government, a non-sentient entity, is incapable of caring about you.
 

Nemesis 1

Lifer
Dec 30, 2006
11,366
2
0
If I was Intel lawyer. I would win the case easily . I would just make sure that people on jury are smart enough to understand what factories running at 100% output means . It basicly means AMD couldn't sell more than they could produce. This is well known fact that Intel is going to pound home. On the EU thing . Intel should have just said screw you . Were done selling in this market . That gives AMD the EU and Intel the world. Because AMD hasn't the capity to supply the EU with enough CPUs
 

richierich1212

Platinum Member
Jul 5, 2002
2,741
360
126
If AMD couldn't sell more than they could produce, then why did Intel even bother paying Dell all those years?
 

yh125d

Diamond Member
Dec 23, 2006
6,907
0
76
This could end... very badly indeed for both Intel and Dell


And Dell's would have been so much better back then too if they had A64 3800s instead of 2.66 Prescotts like in so many high schools computer labs at the time :(