According to the Competition Directorate of the EC, which recommended the recent fine on Intel for alleged anti-trust infringements, the publication of the EC's decision in the case is being held up by a number of people including Intel.
"The Commission looks forward to publishing the Decision in due course", the Competition Directorate told Electronics Weekly, "at present however, this is not possible due to a number of outstanding confidentiality claims by Intel and a number of third parties."
Following the fine, the Wall Street Journal said it had seen an unpublished report from the EU Ombudsman, Professor Nikiforos Diamandouros, saying that the EC's decision to fine Intel should have included an account of an interview which the EC conducted with a Dell executive.
See also: Electronics Weekly's Focus on Intel
In 542 pages of evidence, the view of one executive is unlikely to have a major effect on the decision. The Competition Directorate said: "The Commission would like to stress that its findings in the Decision (IP/09/745), including those relating to Dell, are based on a broad range of contemporaneous evidence as well as company statements, and that the Commission findings will be subject to a full review by the Court of First Instance."
In the statement referenced above, the EC said: 'The Commission obtained proof of the existence of many of the conditions found to be illegal in the antitrust decision even though they were not made explicit in Intel's contracts. Such proof is based on a broad range of contemporaneous evidence such as e-mails obtained inter alia from unannounced on-site inspections, in responses to formal requests for information and in a number of formal statements made to the Commission by the other companies concerned.'
Asked if the Wall Street Journal had accurately reported Prod Diamandouros' report, and whether the Professor's report would be published any time soon, the Competition Directorate replied: "For details about any publication of any documents by the Ombudsman, you have to ask the Ombudsman's office directly."
Phoning up the Ombudsman's office directly, produced the response: "The Ombudsman has no comment whatsoever."