The US Supreme Court validates a statute authorizing Federal Courts to order discovery for use in foreign proceedings (AMD, Intel)

In Intel Corporation v. Advanced Micro Devices, Inc., the Supreme Court interpreted a statute that Congress enacted to assist « foreign tribunals » in obtaining evidence in the United States. Advanced Micro Devices (« AMD ») had filed an antitrust complaint against its chip-making competitor, Intel, with the Directorate-General for Competition of the European Commission (« EC »). AMD recommended that the EC seek documents that Intel had produced in a private antitrust suit in Alabama, but the EC declined to do so. AMD then went into federal court in California to try to get an order requiring Intel to produce the documents so that AMD could provide them to the EC. AMD based its petition on an old statute, 28 U.S.C. 1782(a), which provides that a federal court may order a person to give

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  • Jones Day (Washington DC)

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Joe Sims, The US Supreme Court validates a statute authorizing Federal Courts to order discovery for use in foreign proceedings (AMD, Intel), 21 June 2004, e-Competitions Bulletin June 2004, Art. N° 33852

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