When the European Commission hit Intel with a $1,45-billion fine for anti-competitive behaviour, regulators may have overlooked some documents that could have made them consider the case in a different light.

The Wall Street Journal has reviewed a report by Europen Union ombudsman P NikiForos Diamandouros, which says the European Commission didn't record a formal account of a meeting between investigatros and a senior executive at Dell, held in August 2006. The executive might have told investigators that he found AMD's performance to be "very poor".
If this is found to be true, it could suggest Dell chose Intel's chips over AMD's because of perceived performance issues rather than because Intel had monopolised the market with rebates and bullying, which is the current finding.
Intel has appealed the ruling of the European Commission. The ombudsman has no authority over the commission or the appeal court.