Intel Corp. v. Advanced Micro Devices
Citation and Court
542 U.S. 241 (2004), Supreme Court of the United States
Facts
Advanced Micro Devices (AMD) filed a complaint with the European Commission against Intel for antitrust violations. AMD then sought discovery from Intel in U.S. federal court under 28 U.S.C. § 1782, which allows district courts to order discovery “for use in a proceeding in a foreign or international tribunal.”
Issue
Whether § 1782 discovery may be ordered in aid of a European Commission antitrust investigation that is not a formal adjudicative proceeding pending before the Commission, and whether the Commission qualifies as a “foreign or international tribunal.”
Holding
Section 1782 permits district courts to order discovery for use in a European Commission antitrust proceeding; the Commission qualifies as a “tribunal” and the proceeding need not be pending or imminent — it is sufficient that it is within reasonable contemplation.
Rule / Doctrine
Under 28 U.S.C. § 1782, federal courts may assist foreign and international proceedings by compelling discovery, with broad discretionary authority. The foreign proceeding need not be pending, and the foreign tribunal need not follow U.S. discovery rules or be willing to use the evidence. Discretionary factors include: party is a participant in the foreign proceeding, foreign tribunal’s receptivity, circumvention concerns, and undue burden.
Significance
Intel dramatically expanded the availability of § 1782 as a discovery tool in international litigation and arbitration, making U.S. courts a major venue for obtaining evidence for use abroad. Its discretionary factors guide lower courts and remain widely litigated.