When Intel did offer discounts in the form of rebates, it did not offer them on the
condition that customers purchase all or most of their microprocessors from Intel (as the
Commission found) nor did Intel condition rebates on a customer not using AMD
microprocessors. The Commission acknowledged in its report that it has no written
evidence of this in the form of actual contracts. In a typical example of the evidence the
Commission relied on, a lower-level employee of a customer company speculates that
Intel might retaliate against that customer by disproportionately reducing its discounts if
that customer bought (or bought more) from AMD. Intel does not reduce discounts
disproportionately for such reasons. The proof is in the pudding. All of the
microprocessor customers covered by the Commission decision purchased from AMD as
well as Intel during some or all of the time period selected by the Commission (2002-
2007), and none of them suffered disproportionate rebate reductions as a result. To the
contrary, Intel continued to compete aggressively with discounted prices to retain as much
of their business as it could.