Advanced Micro Devices, Inc.
O’Melveny represented Advanced Micro Devices (AMD) in a global fight against Intel Corporation for monopolizing the x86-microprocessor industry through scare tactics and coercion. With litigation and investigations spanning the US, EU, and Asia, O’Melveny helped AMD secure important victories. On December 16, 2009, the FTC launched a broad administrative action against Intel. The FTC’s lawsuit came after several high-profile victories around the world and is a testament to the power of the Firm’s antitrust counseling and advocacy over the course of more than a decade. In November 2009 a team of O’Melveny litigators settled AMD’s long-running, multi-jurisdictional antitrust litigation against Intel for US$1.25 billion — one of the largest settlements ever achieved in antitrust litigation by a single plaintiff — and Intel’s agreement to a series of game-changing reforms of its marketplace behavior and rights to Intel’s patent portfolio. O’Melveny secured a historic victory for AMD in Europe when the European Commission concluded that Intel violated European antitrust laws, ordered Intel to discontinue its illegal practices, and imposed a fine of €1.06 billion (US$1.44 billion). O’Melveny was also involved in the Korea FTC’s investigation of Intel, in which the KFTC imposed a fine of KRW 26 billion (US$25 million). Regulatory actions were also brought against Intel by the New York Attorney General, the Japanese Fair Trade Commission, and the Canadian antitrust authority. The significance of our work was noted by American Lawyer Litigation Daily, which wrote, “You can make a case that O’Melveny & Myers’s work on behalf of Advanced Micro Devices has cost Intel at least $2.7 billion.”