The Federal Trade Commission will decide Monday on whether to proceed with antitrust action against Intel (INTC), the dominant producer of personal computer microprocessors.
Five FTC commissioners will meet at high noon, EDT, to consider "enforcement action," a recorded phone message said. They must decide if Intel illegally misused monopoly power to force others to give up their trade secrets and cooperate with the Santa Clara, California-based company.
The case is being considered as the Justice Department and 20 states are pursing major antitrust actions against Microsoft, which together with Intel dominates the computer industry.
Intel makes the microprocessors that run four out of five personal computers. In April, the FTC alleged in a different case that Intel had "market power" -- that is, a monopoly -- in microprocessors.
That earlier case was settled the same day it was announced, but the FTC made it clear at the time that an investigation of the company was continuing.
Intel does not dispute its actions against such companies as Intergraph and Digital Equipment, both of which make computers. But Intel said it had acted within the law.
If the commission votes to bring the charges, something its staff is recommending it do, neither FTC Chairman Robert Pitofsky nor other commission members will comment because they may later be involved in the case.
The commission is expected to refer the matter to an administrative law judge who is independent, but works for the FTC.
In such cases, the administrative law judge's decision may be appealed to the full commission and, after that, to an appeals court.
But the commissioners, who would have voted to bring charges in the first place, remain silent since they could be sitting in judgment down the road.
If charges are brought, William Baer, the FTC's top staff litigator, will outline the case.
