Intel's Human Rights

[Commentary] Intel has decided to appeal the $1.45 billion fine leveled against it by the European Union for engaging in anticompetitive behavior, and it is claiming that the proceedings have violated its human right to due process. Several European companies are also testing the tactic to fend off Europe's aggressive antitrust regulator. Intel was found guilty of: giving hidden rebates to computer makers that bought all or virtually all of their chips from Intel, and even paying some to delay or hinder the introduction of products that had microprocessors from its rival, Advanced Micro Devices. American regulators have been far less vigilant than Europe's. So far they have treated Intel with kid gloves. Intel argue that the company is entitled to the due process rights that European human rights law grants in criminal cases to ensure that the accused — usually powerless individuals — are not steamrollered by the overwhelming power of the state. We suspect that at least part of the motivation for Intel's human rights bid is to raise sympathy among American antitrust regulators for a poor, abused American near-monopoly — and thereby blunt any impulse to follow. The Federal Trade Commission should know better.