European Ombudsman Criticizes Inquiry into Intel
November 18, 2009, The New York Times

European Union (EU) investigators failed to note statements that might have been relevant to the antitrust inquiry against Intel, which led to a $1.45 billion fine against the company, according to the EU ombudsman, P. Nikiforos Diamandouros.

A lawyer for Intel, Ian S. Forrester, said the ombudsman's finding called into question the unchecked nature of the commission's investigative powers and would bolster Intel's efforts to overturn the ruling at the European Court of First Instance.

"The issue raises the broader question of whether the current procedures used by the European Commission to determine facts are adequate," said Mr. Forrester, a partner at the law firm White & Case in Brussels. "The commission's information-gathering process is in question. The European Commission has the only competition authority where the investigative team is the same one that drafts the decision."