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AMD Sues Intel

Steven Parker   on 28 June 2005 - 10:29 · 340 comments & 41519 views

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It's been a long battle for AMD to gain headway in a market Intel has dominated all these years, but now it's taken a turn for the worst (or better, depending on how you look at it).

Not long after a much discussed price increase in its own line of dual and single core CPU's, some now more expensive than Intels own comparable line of CPU's, AMD -maker of x86 microprocessors, said Tuesday it had filed an antitrust lawsuit against Intel Corp., the world’s largest maker of chips, in U.S. federal district court for the district of Delaware accusing Intel of unfair competition, which limited market share growth of AMD.

“Everywhere in the world, customers deserve freedom of choice and the benefits of innovation -- and these are being stolen away in the microprocessor market,” said Hector Ruiz, AMD chairman of the board, president and chief executive officer. “Whether through higher prices from monopoly profits, fewer choices in the marketplace or barriers to innovation – people from Osaka to Frankfurt to Chicago pay the price in cash every day for Intel’s monopoly abuses.”

AMD have also setup a website dubbed "Fair and Equal Competition Home" which also lays out the innovation the company has undertaken in the years its been in business. This looks like its going to be a very public fight and Intel has the monetary power to defend itself. Lets hope us consumers don't lose out.

View: Open Letter from Hector Ruiz (CEO) AMD
View: Full Complaint (PDF) | Fair and Equal Competition Home @ AMD
News source: xBit Labs via Enigma-Penguin posted in Back Page News


AMD said Intel’s illegal and unfair actions include the following:
  • Intel has forced major customers into exclusive or near-exclusive deals;
  • Intel has conditioned rebates, allowances and market development funding on customers’ agreement to severely limit or forego entirely purchases from AMD;
  • Intel has established a system of discriminatory, retroactive, first-dollar rebates triggered by purchases at such high levels as to have the practical and intended effect of denying customers the freedom to purchase any significant volume of processors from AMD;
  • Intel has threatened retaliation against customers introduc ing AMD computer platforms, particularly in strategic market segments;
  • Intel has established and enforced quotas among key retailers effectively requiring them to stock overwhelmingly, if not exclusively, Intel-powered computers, thereby artificially limiting consumer choice;
  • It has forced PC makers and technology partners to boycott AMD product launches and promotions;
  • Intel has abused its market power by forcing on the industry technical standards and products which have as their central purpose the handicapping of AMD in the marketplace.

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(14 replies) #1 Miran on 28 Jun 2005 - 10:32
QUOTE
Intel has threatened retaliation against customers introduc ing AMD computer platforms, particularly in strategic market segments


I agree with that one.. Not sure about the rest yet.
#1.1 neocitron on 28 Jun 2005 - 10:49
Apple should have gone with AMD....
#1.2 Hurmoth on 28 Jun 2005 - 10:55
I agree that Apple should have gone with AMD. Macs would have been a lot cheaper and better all around. I refuse to buy one because it uses Intel inside I hope they decide to open up to AMD (and Dell as well).
#1.3 XanDaMan on 28 Jun 2005 - 11:33
@1.2

No-one cares.
#1.4 theprotege on 28 Jun 2005 - 12:00
no one asked you. as a consumer, you should care ... unless of course you're swimming in cash, then feel free to be a retard.
#1.5 linsook on 28 Jun 2005 - 12:13
mac and cheaper dont mix.
#1.6 roadwarrior on 28 Jun 2005 - 12:31
I guess some people here don't bother reading. It has been stated over and over again that Apple did look at AMD, but decided not to use them for much the same reason that they are moving away from IBM: they don't have the production capability to meet Apple's demand, and they don't have a low-power offering for notebooks that comes anywhere close to Centrino.
#1.7 Athernar on 28 Jun 2005 - 12:59
I can understand the Supply and Demand part, but what about the Turion 64 MT Range?
#1.8 xMorpheousx416 on 28 Jun 2005 - 14:09
QUOTE
and they don't have a low-power offering for notebooks that comes anywhere close to Centrino.


You are severly misinformed. Run over to AMD's website and have a look around...particularly under Turion 64 as suggested by Athernar.
#1.9 Mattimeo on 28 Jun 2005 - 15:51
@1.8

And you need to read the comment more closely then. The Turion doesn't cut it when is compared to the Centrino in power usage/ performance ratio.
#1.10 xMorpheousx416 on 28 Jun 2005 - 19:34
QUOTE
The Turion doesn't cut it when is compared to the Centrino in power usage/ performance ratio.


It's a 64bit mobile processor. Where's Intel's?

First of all, don't confuse "Centrino" with the name of the processor. Centrino is the name of the package of three separate chips designed together for the laptop and wireless support.

The Turion is a 64bit CPU...so comparing a 64bit CPU with a Pentium M, or notebook Celeron is a pointless debate.

QUOTE
And you need to read the comment more closely then


and you just need to read period....
#1.11 Blurb on 28 Jun 2005 - 20:39
There was a study here not to long ago that proved that when ran with an adapter on a socket478 mobo that the Pentium M outperformed both AMD's FX-55 and one of Intels Extreme editions (can't remember which one, I think it was on tomshardwareguide...)
#1.12 Help on 28 Jun 2005 - 22:39
It's right here.. Pentium M > FX-55, 660 Pentium M is the elite in terms of laptop performance and power usage, the only thing that it lacks is x64.
#1.13 bsharp on 29 Jun 2005 - 03:04
Note! It is not which company makes a faster chip today is all builders look at.
It is what company has the better plan for the future.
A better plan will give us the consumer a better product tomorrow and down the road.
Any one of the companies can make a chip super fast today.
But what about tomorrow. This is called scalability.
Why would you want to spend thousands of dollars rebuilding manufacturing plants?
Every month to accept a new totally different technology because it dyed. That would make the end cost tremendous. What you look for is a long term scaleable technology that you can build on. In turn that would drive end cost down.
And from what I have seen Intel has a far better plan than AMD.
And that is why most companies like Dell and Apple go with Intel.
It may be that AMD has a better chip today but what about next year?
#1.14 Beep99 on 29 Jun 2005 - 23:22
Apple would never ever have gone with AMD cpu's.AMD isnt the cpu of choice for a very simple reason.Steve Jobs would have egg all over his face for the simple fact that AMD used to be at one time his.

Anyone remember the NeXt computers?
Guess who owned it?...Steve Jobs......Guess who bought it when it became a terrible failure....AMD.
the gist of the lawsuit is pretty clear cut given the example of Dell for instance.Suddenly changing it's mind to offer AMD based systems for exclusive Intel machines as soon as BIG DADDY put a little squeeze on them.
NOw it's time to pay.
Cant seeing Intel winning this at all.

#2 eAi on 28 Jun 2005 - 10:32
I don't see how they can't win, but these things are never straight forward...
(1 reply) #3 Quick Reply on 28 Jun 2005 - 10:38
QUOTE
Oh dear, it seems after a long battle to dominate the market Intel has clearly made it's mark on all these years has taken a turn for the worst (or better, depending on how you look at it).

I can't comprehend this article, I think it needs some work on the grammar.
#3.1 Neobond on 28 Jun 2005 - 10:56
I edited the header text, remind yourself of our slogan and I'll try and do better next time
(1 reply) #4 dave164 on 28 Jun 2005 - 10:56
I dont get what AMD are suing for? Are they suing for Intel having better publicity and drawing people towards them?

Confusing
#4.1 xMorpheousx416 on 28 Jun 2005 - 14:13
No. One of the most effective, but discriminate strategy plans of huge corporations, is to crush the competition's ability to enter the market by making business contracts, or other such maneuvers...with their customers as to not only make it seem that their product is not just perfect for every situation, but threaten legal action themselves if their customers even look in the direction of any competitor's product.

Doing so, leaves you wide open to law suits...and it should if you can prove that the company in question used those business practices.
(6 replies) #5 asaki on 28 Jun 2005 - 10:59
are you kidding me? is this what AMD has to resort to...
just because they dont have a larger market share they have to cry about it and sue intel. its not intels fault they have a larger market share, after all is it not the pc makers and large pc manufacturers decision on what CPU's to use? these complaints between corporations are really getting annoying. first the EU complain against microsoft about having a media player in their OS, now amd complaining about intel not being fair? seems these days if you cant get it your way in the buisness world the only choice is to cry and take whatever legal action you can against your competitor.
#5.1 Boogiman on 28 Jun 2005 - 11:15
Not exactly. Overall, AMD has the better cpu's (at this time) and more and more company's are turing away from Intel towards AMD or hell, even IBM en motorola. If you have the better product, it's just a matter of time before more and more people turn to your product.

I don't think AMD is doing this just to get back at Intel becaus they are "better" at this or that. It is more againts the monoply way of doing that AMD is forced to take this route.
#5.2 Zip on 28 Jun 2005 - 11:15
there would be a genuine reason or else amd wouldnt try and take on intel in this way, they dont have enough money for this to backfire.

fanboy.
#5.3 elliot on 28 Jun 2005 - 11:44
QUOTE
after all is it not the pc makers and large pc manufacturers decision on what CPU's to use?

No. That's the point.
#5.4 Kushan on 28 Jun 2005 - 16:11
Intel has been known to use unfair tactics to keep their market, like by offering huge discounts to manufacturers for using ONLY intel chips or threataning to not sell them Intel chops at all if they sell AMD ones.
#5.5 Jugalator on 28 Jun 2005 - 16:23
" its not intels fault they have a larger market share,"

Not why they're suing so shut up...
#5.6 zivan56 on 28 Jun 2005 - 19:03
QUOTE

Intel has been known to use unfair tactics to keep their market, like by offering huge discounts to manufacturers for using ONLY intel chips or threataning to not sell them Intel chops at all if they sell AMD ones.


That is quite fair actually. Considering they are giving a huge discount, they must make sure that they actually make up for the losses incurred due to that; and the only way to do so is to make sure they only use their chips. If they gave huge discounts, and only a small amount of chips were bought, Intel would lose out big.
#6 Boogiman on 28 Jun 2005 - 11:07
This is going to be very interesting...
(7 replies) #7 fpd on 28 Jun 2005 - 11:15
Antitrust laws exist for a reason, to promote competition and to correct the abuse of monopoly power. An example of where competition is fair is that between nvidia and ati - most vendors sell both products so there is freedom of choice. And look at the pace of development! GPUs have overtaken CPUs in raw performance!

In the processor market, Intel marginalises those who sell AMD based PCs. I don't see why anyone should be angry about AMD wanting to bring balance to the processor market; competition encourages innovation and reductions in price.
#7.1 ClintEastman on 28 Jun 2005 - 11:23
One of the best comments I've seen on Neowin of late. Good Job!
#7.2 georgi55 on 28 Jun 2005 - 11:41
So true!
#7.3 womble68 on 28 Jun 2005 - 11:57
Agreed
#7.4 HoochieMamma on 28 Jun 2005 - 12:02
I want to bear your childeren, fpd.
#7.5 beatlesdb on 28 Jun 2005 - 12:11
I fully agree with your comments but as a computer reseller I would like to share a few points with you about intel:

First of all I choose to use Intel processors, mainly because of the support they have given and offered me. Intel have spent allot of money to support their resellers, the fact that I don’t sell more than 5 systems a week (I do support also) does not matter to Intel and they are always willing to help me with any sales or technical queries, I don’t receive this from AMD and never have.

AMD have some great products but they need to spend money in training and creating channel partners, something Intel has done and they should get the credit for it. In order for AMD to gain my loyalty they have to be willing to stand behind the product and offer me the support I need.

I think that it is a bit rich that AMD are claiming that they have been hard done by when they spend little to nothing is these areas and are hopping to gain sales simply because they have the best processor on the market.
#7.6 Ironman273 on 28 Jun 2005 - 17:44
@7.5

How would you feel if you started selling AMD chips (for whatever reason) and then Intel decided to "limit" their support to you based solely on the fact that you also sell AMD. Please bear in mind, I'm not saying that they would do that, but this lawsuit is to eliminate practices like that, which Intel does do at a higher level.
#7.7 bsharp on 28 Jun 2005 - 20:59
GPUs have overtaken CPUs in raw performance!
LOL they always have!
#8 asellus on 28 Jun 2005 - 11:30
The company with the biggest market share on discrete microprocessor market is not Intel, but IBM. I wonder if AMD will win.
#9 kennydies on 28 Jun 2005 - 11:33
so..how many years untill a virdict and the implimentation of changes should they win? ;/
they should have done this years ago.
#10 caveman017 on 28 Jun 2005 - 12:20
I agree somewhat with this lawsuit... i mean companies like dell should have the choice, and hell if i were a consumer, id want a 64 bit capable AMD 3000+ even if it was 754, or a cheap 939 in the basic system
#11 jerry on 28 Jun 2005 - 12:25
Nice.
(10 replies) #12 PiG_DoG on 28 Jun 2005 - 12:33
Just wanted to ask why there are so many Dell Fanboy's here -> Build ur own PC, Dells are wellknown to be slow, who gives a crap about them. You can train a monkey to build a pc. Go and have some fun!
#12.1 Netrack on 28 Jun 2005 - 12:39
wtf are you talking about? dells are known to be slow


just because your an Uber Pc 1337 haxor doesnt mean that everyone is


also with dell you get a help tech desk that is free for ahwile, instaed of having to pay best buy an arm and a leg to get your comp fixed


im not a dell fanboy but i do have one of their laptops b.c unlike your self i cant build a laptop


i do have a few home pc''s two were built, one hp....knock off the dell bashing troll
#12.2 oDD on 28 Jun 2005 - 12:59
The main reason for the Dell fanboism around here, I believe, is because the of the popularity of their 20-24" LCD monitors and because they are basically the PC version of Apple to some extent.

While I agree that you should build your own PC, some people like a PC pre-made. They like it ready to go, pre-installed, complete with a 3 year warranty. They dont want to have to spend hours building and setting up their PC's, only to have a faulty part that needs to be sent back.

And no, I build all my own PC's. I just think you went a bit over the top with the Dell bashing.
#12.3 Raa on 28 Jun 2005 - 13:07
Excuse me? Dells are slow? On what do you base these totally unproven remarks?

We've got a few dells at work, and i've dealt with them for numerous customers.

EVERY time, they have consistently been quick, easy and reliable in operation.
#12.4 denzilla on 28 Jun 2005 - 15:13
What makes Dells slow is the crap they pre-install before you buy the PC. If you erase/reload the OS and Drivers upon purchase, they run a whole lot better. Most of that crap is trialware anyway.
#12.5 kaffra on 28 Jun 2005 - 15:27
12.4 or they do give sub standard parts, like the 9800 tx graphic card
#12.6 Kushan on 28 Jun 2005 - 16:18
Dell isn't the worst manufacturer of Pre-assembled PC's, it's jsut that they are the biggest (so they seem to be the best value, especially if you compare them with say Alienware) But the fact remails that Dell, like ALL PC manufacturers, will use sub-standard parts where they can to save money. Like the motherboard for example, because even alot of amateur PC enthusiasts will look over that aspect (and more) of a system when they plan to buy one.
#12.7 Ambivalancer on 28 Jun 2005 - 17:08
Dells aren't slow, they market them as if they're GREAT for gaming and things like that when they have celerons in them...It's the company, not the computers.
#12.8 Sticktron on 28 Jun 2005 - 18:09
I've used many various computers, at different jobs, and I would gladly settle in front of a solid Dell workstation any day. There are many circumstances where having a custom-built system is just not possible or practical-- and Dell supplies that demographic with reasonably priced, well-balanced, heavily tested, quality product.
#12.9 chisss on 28 Jun 2005 - 19:37
I fix and build computers for a living and let me tell you Reliable, quality and Dell are 3 words that do not go together. I've seen Dells crap out after you move them from 1 cubicle to another!!! For no reason!.
Anyway going back to the topic i think AMD is doing the correct thing on trying to get things straight and have a clean race
#12.10 Beep99 on 29 Jun 2005 - 23:26
opened up a DELL once to help a friend add on another hard drive.......I was STUNNED to see a motherboard in 2 pieces....i just laughed.

SYSTEM SPECIFIC computers SUCK.(period)
(1 reply) #13 VikingStorm on 28 Jun 2005 - 12:43
Whatever happen to the investigation of Intel in Japan?
#13.1 bsharp on 28 Jun 2005 - 21:00
heroshima!
(1 reply) #14 Caleb on 28 Jun 2005 - 12:47
It's only a matter of time until AMD is no-better than Intel.

Prices will go up, and they will get greedy just like any other corporate scum.

They are feeling very confident right now, considerung FX-57's price range.
#14.1 VikingStorm on 28 Jun 2005 - 12:49
What, are you saying they will collude with Intel?
(the FX-57 pricing is a matter of supply and demand, and marketing)
(1 reply) #15 Starman on 28 Jun 2005 - 12:58
This whole thing seems very vague to me. When I go to research a new system, I don't feel like Intel's the only game in town. Can someone be a tad more SPECIFIC about this whole thing?
#15.1 bsharp on 29 Jun 2005 - 03:31
AMD is saying that Intel is pushing them out of the main stream.
Main stream as in Dell, HP, Compaq.
By making special deals with the big companys to sell limited amounts of there stuff.
(1 reply) #16 Boogiman on 28 Jun 2005 - 13:03
Second note: What if AMD wins? What wil happen to Intel. Do they have to pay, or do they have to give up marked share, or....... ?!?!?
#16.1 rezza on 28 Jun 2005 - 14:26
What will happen is that any anti-competitive contracts intel have signed with system manufacturers, resellers, etc will most likely either become void entirely, or the anti-competitive clauses will be removed.

Anti-competitive clauses are things like "If you also buy AMD chips, you will no longer get these cheap prices and will have to pay more per intel chip", but written in legalese
(2 replies) #17 majortom1981 on 28 Jun 2005 - 13:04
I thought dell could sell amd processors but is not because amd cant handle the demand. You know how many processors amd would have ot produce to handle the demand the dell would need.

Most places have no problems selling both. From what I undertsnad intel is very helpful to system selelrs who sell their products.

I just think this is because amd is upset that intels 64 bit processors are actually cheaper then amds so they are resorting to this.
#17.1 MvT Cracker on 28 Jun 2005 - 14:19
well i think if they are upset that intel has cheaper 64bit processors they should work harder to make the amd 64 bit processors cheaper
#17.2 The_Nightshift on 28 Jun 2005 - 19:53
What they're attacking here is Intel's movements to dominate the PC manufacturer market, not the enthusiast (custom builder) market that can concern itself with price per unit...
(2 replies) #18 Raa on 28 Jun 2005 - 13:05
I totally agree with #5. I mean come on..... Intel has cheaper chips (for once) over AMD, and they decide to have a big sook and launch a lawsuit!!!

SORRY. That's NOT the way to do business, OR win customers. I've never been a big AMD fan, although recently they've proven good, but this....... just leaves a sour taste in the mouth.

And I thought Microsoft was legally uptight!

Cut me a break......
#18.1 jerry on 28 Jun 2005 - 14:35
Sheesh, people should read properly before commenting foolishly.

AMD is not suing because Intel have cheaper chips or has a larger marketshare.
#18.2 JrDZ13 on 28 Jun 2005 - 20:09
Do you even know what this lawsuit is about? What you said had nothing to do with anything...
(1 reply) #19 lbmouse on 28 Jun 2005 - 13:08
QUOTE
...<XXX>'s chairman of the board, president and chief executive officer. “Whether through higher prices from monopoly profits, fewer choices in the marketplace or barriers to innovation – people from Osaka to Frankfurt to Chicago pay the price in cash every day for <ZZZ>'s monopoly abuses.”


Insert your favorite company here -> XXX
Insert your most hated monopoly here -> ZZZ

Last edited by 89572 on 28 Jun 2005 - 14:08
#19.1 SquareSoft0 on 29 Jun 2005 - 07:10
Good stuff, good stuff. Brilliant!
(4 replies) #20 Cyranthus on 28 Jun 2005 - 13:09
OMG! another company is suing another company!

when is this bull**** going to stop!?

sounds like AMD are being a bunch of little crybabies... wah wah wah!
#20.1 [xan] on 28 Jun 2005 - 13:28
you don't understand do you? these are the same tactics microsoft use in order to force oems to sell only windows. It's like nvidia saying to some vendor: "hey if you want to sell my products don't sell ati's". and if that vendor don't fallow : "hey you know those latest geforce 7800 gtx you've wanted so much... we have a little problem... we can't send them to you"
#20.2 antkov on 28 Jun 2005 - 13:49
I think this view is a little shortsighted and really, why would you care if a company sued another company?

Companies using their own cash to sue other companies for whatever reasons to increase competition and balance out the playing field to lower prices for consumers isn't a bad thing. The government has enough trouble trying to encourage competition and at least your tax dollars aren't getting dragged into the messy battle (or not as much as they normally would at least).

Be happy that large corporations sometimes have the power (funds) to hold each other in check because the government will rarely ever step up to the plate and side with what's best for the people.

So let the large corporations duke it out. Honestly, are you that afraid of paying less for a product as a result?
#20.3 JrDZ13 on 28 Jun 2005 - 20:10
^ Agree totally!
#20.4 bsharp on 29 Jun 2005 - 05:39
Nice outlook antkov!
#21 TwoTailedFox on 28 Jun 2005 - 13:15
What happens to the Cross-Patent relationship? Does it remain intact after this?
#22 Skyfrog on 28 Jun 2005 - 13:18
Oh well, it's not the first time.
#23 Shad0wcat on 28 Jun 2005 - 13:35
GO AMD!!
(2 replies) #24 Azmodan on 28 Jun 2005 - 13:40
Its like, USA vs China!
#24.1 bucko on 28 Jun 2005 - 15:49
that would be so cool.
#24.2 Sticktron on 28 Jun 2005 - 18:05
Imagine China opening the walls and releasing tens of millions of troops to march across the globe and start taking over...
(8 replies) #25 shmengie on 28 Jun 2005 - 13:43
i think amd should look up the word monopoly. intel has no government protections so is not a monopoly in that regard. and if michael dell doesn't like intel's all-or-nothing policy, he can certainly go to amd. if amd is so attractive, why doesn't he? eh, i'm babbling...
#25.1 some_guy on 28 Jun 2005 - 13:51
very true... everybody already has the choice whether to choose AMD or Intel... Dell chose Intel because of the benefits associated... why doesn't AMD do the same with other brands?
#25.2 jerry on 28 Jun 2005 - 14:33
shmengie, so Microsoft was also not guilty of monopolistic practices because it has no government protections ?

#25.3 shmengie on 28 Jun 2005 - 15:28
that is correct. a true monopoly requires government intervention to protect the interests of the monopolizer. think of it this way: for sake of argument, assume intel has the best product at the best price with the best support and distribution channels. this leaves all other chip makers in the dust. should intel be punished for this? should the government step in and say, 'your product is just too good and it's unfair to other companies who's product isn't as good as yours'?

remember, on the pc side, intel used to be the only game in town. then there was amd, cyrix and some others i can't think of off hand. amd proved themselves and gained market-share (maybe still are gaining market share. i don't know), while cyrix went the way of the 8-track tape. (another: remember when netscape ruled and ie sucked? okay, ie's still not great, but a better product wins in a free economy). bottom line: as long as there are no government interventions protecting a company from competition, there can be no monopoly.

by definition, having the dominant market-share does not constitute a monopoly.
#25.4 jerry on 28 Jun 2005 - 15:50
QUOTE
by definition, having the dominant market-share does not constitute a monopoly.

Its obvious you havent read the article, do it and then maybe you'll understand why Intel is wrong.
#25.5 Boz on 28 Jun 2005 - 19:24
@shmengie

dude what the hell are you talking about. You don't need government intervention in order to define something as a monopoly.

Let me make it simple for you:
1. Intel made good stuff before and gained significant market share (90%) in personal computing. When they were starting up, they had very little obstructions from someone else to take this large chunk of market. There was Apple and them, let's not count Sun/IBM because they always had tendencies for enterprise computing.

2. AMD was the only company that survived out of all you mentioned and with great ideas and technology actually started gaining market share and recognition as having a superior product tailored for the future.

3. Now since Intel has 90% market share they go to all major players (read bigger corporations that depended/provided support for their CPUs on the market and sell them) and tell them "You know what if you start selling AMD we will cut off everything from you". For those companies that's unfortunately unacceptable because majority of their clientel already uses Intel based computers and the switch would be catastrophical. In business world it's the equivalent to real life as someone threatening to kill you.

You can call it anyway you want but that's blackmail and is certainly illegal. That's where Intel has monopoly. The government has nothing to do with that.

Put yourself in AMDs shoes do you think it would be legal if you started a small company that makes snickers that are much more advanced, more comfortable then let's say Nike's. Everyone wants them, but Nike says to all companies that they supplied before, if you start selling shmengie's snickers we will stop supplying you with Nike's. Wouldn't you call that discrimination at least. Who is Nike to say to anyone that they can't sell anything else beside Nike shoes.