Advanced Micro Devices, Inc. v. Intel Corporation

In a question of first impression' with respect to the European Community, we must determine the scope and reach of 28 U.S.C. § 1782 , which permits domestic discovery for usé in foreign proceedings. We face two questions': (1) whether the proceeding for which discovery is sought qualifies as “foreign or international tribunal”; and (2) if so, whether Section 1782 requires a showing that the- information sought would be discoverable or admissible in that proceeding. Because we conclude that the proceeding for which the discovery at issue is sought meets the statutory definition, we reverse the district court. As the district court will now need to deal with the merits of the discovery request, we determine that Section 1782 does not impose a threshold requirement that the material also be discoverable in the foreign court.

Background Facts & Procedural History

Advanced Micro Devices, Inc. (“AMD”) and Intel Corporation (“Intel”) are worldwide competitors in the microprocessor industry. Believing that Intel was abusing its dominant market position in the European Common Market, AMD filed a complaint with the Directorate General-Competition (“Directorate”) of the European…