All's well that ends well. Computer chip champions
Intel (Nasdaq: INTC) and
Advanced Micro Devices (NYSE: AMD) have
agreed to set aside their differences and make nice, and
Intel's stock got a slight bump on the news.
Oh, and AMD took a 23% leap of joy.
We AMD ownersfeel a little bit richer today.
What's going on?
The two companies settled the
antitrust lawsuitthat AMD filed against its bigger
competitor in 2005, and they dropped any and all legal
complaints against one another in courts and regulatory
agencies worldwide. "This agreement ends the legal disputes
and enables the companies to focus all of our efforts on
product innovation and development," said the joint press
release.
As part of the agreement, Intel is paying $1.25 billion to
AMD. That's less than the $1.45 billion fine that the
European Commission slapped on Intel over antitrust and
anti-competition issues, but it's still a hefty chunk of
change. For Intel, that's about 10% of the company's $12.9
billion in cash equivalents. It's a much bigger sum next to
AMD's $1.5 billion cash balance, which excludes the $1
billion held by the separated GlobalFoundries chip
manufacturing company. The payment could also take a big bite
out of AMD's $3.5 billion long-term debt load (again, only
for the chip design business; the foundry owes another $2
billion).
Mo' money
But that's not all. Indeed, AMD's
executive legal VP, Tom McCoy, told analysts and reporters
that the cash payment wasn't a big deal. "For us, this has
never been about the money," he said. "It is about the
marketplace."
The settlement calls for a broad patent cross-licensing
agreement that "covers all products." Intel has agreed to
change its business practices, too: Contracts that limit how
Intel's customers use AMD products are a big no-no now,
whereas AMD and others have seen lots of that action in
recent years. To recap, system builders like
Hewlett-Packard (NYSE: HPQ) and
Dell (Nasdaq: DELL) were allegedly pressured
to sell only Intel-based computers or limit their AMD sales
to some small percentage of revenues. They did this in return
for Intel rebates that were said to be big enough to turn
quarterly losses into profits. While the agreement
doesn't limit retroactive rebates, it
appears Intel is taking strides to move away from the
practices that put it in regulatory hot water.
On top of all that, the agreement removed some
restrictions on AMD's license to make x86-compatible
processors (the kind that can run
Microsoft (Nasdaq: MSFT) Windows or the most
common version of Linux). Now,
Abu Dhabi investorscan feel free to tear Global Foundries
entirely out of AMD's hands and
merge it with recently acquired
Chartered Semiconductor
Manufacturing (Nasdaq: CHRT), for example. The
separation of AMD's chip design church and the manufacturing
state was the subject of Intel's own legal complaints against
AMD.
Mysteries left unsolved
It remains unclear whether the new licenses would allow
a company like
IBM (NYSE: IBM) to buy AMD and crank out x86
chip designs under that much larger financial umbrella. I
wouldn't be surprised to see that change-of-control clause
stricken when we do get to see the legal documents,
though.
I'm not saying that IBM necessarily wants to get back in
the microprocessor game, particularly after selling the
ancient PC division to Chinese
Lenovo -- and AMD's balance sheet suddenly
looks much healthier than what we're used to. Still, I think
it's an important issue to think about, and a last-ditch exit
ramp just in case AMD's future goes horribly wrong. Continued... |