While antitrust lawyers say the missing documents probably won't give AMD a decisive legal edge, shifts in antitrust law could make Intel vulnerable.

FORBES: Intel's Missing Memos

Citing previous case law, Intel asserted that even acts of "pure malice by one business competitor against another" don't by themselves constitute a breach of antitrust law.

CNN: Intel claims FTC found no evidence of harm

But discounts aren't always beneficial to buyers, says Einer Elhauge, an antitrust expert at Harvard Law School.

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