“After Gateway’s 2004 merger with eMachines, AMD attempted to revive the relationship it had enjoyed with Gateway until 2001, but experienced extremely limited success. While Gateway built one AMD-powered desktop model at the request of Circuit City, AMD remains locked out entirely of Gateway’s direct internet sales, its commercial offerings and its server line. According to Gateway executives, their Company has paid a high price for even its limited AMD dealings. They claim that Intel has beaten them into ‘guacamole’ in retaliation.”

– Excerpt from AMD’s 2005 complaint against Intel

Looks like it’s going to be a very busy fall for Intel legal. This morning, New York Attorney General Andrew Cuomo filed a federal antitrust lawsuit against the company, alleging that it violated state and federal laws with a “systematic campaign” of illegal conduct to maintain its monopoly.

At issue here, once again, is Intel’s alleged practice of using bribery and coercion to maintain its monopoly, something rival AMD complained about in its own antitrust suit against Intel (INTC) in 2005.

AMD (AMD) alleged, for example, that in 2000, Michael Capellas, then chief executive of Compaq Computer, told AMD that because of Compaq’s relationship with AMD, Intel withheld the delivery of some microprocessors he needed for servers. Capellas told AMD he would stop buying from it, saying he “had a gun to his head.”

Further, in 2004, Gateway officials are alleged to have told AMD that Intel “beat them into guacamole” in retaliation for their limited dealings with its rival. These are but two incidents in a list that includes similar alleged acts of coercion by Intel involving 38 other computer makers, distributors and retailers.

Apparently, Cuomo has found evidence of similar behavior. “Rather than compete fairly, Intel used bribery and coercion to maintain a stranglehold on the market,” Cuomo said in a statement. “Intel’s actions not only unfairly restricted potential competitors, but also hurt average consumers who were robbed of better products and lower prices.”

“We do not intend to file for bankruptcy….We have lots of plans to grow our business.”

– Blockbuster spokesperson Karen Raskopf, March 3, 2009

Blockbuster in a Monday filing told the Securities and Exchange Commission what anyone who’s observed its fast-declining fortunes has known for some time now: The company isn’t sure it can stay in business much longer. In a PricewaterhouseCoopers assessment included as part of its latest 10-K, Blockbuster (BBI) acknowledged that its financial situation raises “substantial doubt about the Company’s ability to continue as a going concern” and said it may have to close its doors if its financial situation doesn’t improve in the near future. Seems that $250 million revolving loan Blockbuster announced last week is conditional, and the video rental chain says there is “no assurance” that it can meet its requirements.

An unfortunate turn of events for Blockbuster, but far from an unexpected one. The company did not fare well in its battle against DVD-by-mail pioneer Netflix (NFLX), and its recent efforts to stay relevant have been head-shakers at best. A $1.3 billion gambit for an electronics chain that would go bankrupt less than a year later? A weak (and costly) set-top box offering that would later be made redundant by a deal with TiVo (TIVO)? A vending-machine program with partner NCR (NCR) that, like its entry into the DVD-by-mail market is late to a game it’s already losing? And all these things conceived and launched amid a challenging macroeconomic environment and constrained capital markets. Sad, really. Hard to imagine that 10 years ago Reed Hastings was doing all that he could to convince Blockbuster to buy Netflix…

Pity that in the end, the only things able to draw crowds to Circuit City were its liquidation sales.

But that hasn’t panned out for Blockbuster (BBI), which is  reportedly mulling a Chapter 11 bankruptcy protection filing. No confirmation from the company yet, but investors aren’t waiting around to find out: BBI shares are now less than a quarter a piece. At the beginning of the day they traded at 96 cents. UPDATE: Blockbuster confirms it has hired law firm Kirkland & Ellis “to advise it with respect to its ongoing financing and capital raising initiatives” but tells Reuters that it can self-fund its debt through the rest of the year and that it “does not intend to file for bankruptcy.”

A little less than a year ago, you may recall, Blockbuster was trying to buy Circuit City for about $1 billion or so. But investors couldn’t see the appeal of mashing a struggling retailer with a struggling video rental company, and the deal fell through. Circuit City is currently in liquidation.

Add this to Blockbuster–and Yahoo (YHOO)–investor Carl Icahn’s list of recent disappointments.

[Image credit: travdir]

Fassler expects the company to benefit from the demise of rival Circuit City. He now sees EPS for the February 2009 fiscal year of $2.40, up from $2.27. For 2010, he goes to $2.54, from $2.47. Fassler thinks the company will capture a significant portion of the “freed-up” Circuit City sales.

Slightly tempering Fassler’s enthusiasm for the shares is a view that once the market adjusts to the disappearance of Circuit City, the company will have to take on Wal-Mart (WMT) and Amazon.com (AMZN).

Read the rest of this post

Digital Daily covered the Steve Jobs story this week, starting with the all-hands memo in which the Apple (AAPL) founder announced his medical leave and following through with the reactions of both Wall Street and the company’s investors. Then there’s the general response, which has been variously diagnosing Jobs’s health issues and predicting the demise of Apple without him–not without good reason, but quite a departure from the reaction when Bill Gates left Microsoft (MSFT). Digital Daily also noted that even though Palm’s (PALM) stock price made a jump directly after the introduction of the Pre and its new Web OS, the company will need to sell a lot of phones in order to attract a robust community of developers. And let’s not forget the roll call of fallen companies, including two of the latest to fall victim to the econalypse, Nortel (NT) and Circuit City (CC).

Can Mexican billionaire Carlos Slim save the New York Times? MediaMemo had the story of the gray lady’s possible white knight, plus coverage of some recent ideas about how newspapers in general can be rescued from a grim fate. Hint: not by a Facebook event. There are some bright spots for traditional media, though, made possible by the increasingly social Web. Incredible photos are often made available for free and as news is breaking, saving editors from the limitations and high prices they’re accustomed to from established agencies. A perfect example arose this week when U.S. Airways flight 1549 made a spectacular emergency landing on the Hudson. Twitter, a camera phone and an incredible photo almost singlehandedly changed the way people think about citizen journalism–as an aid to, not a replacement for, professional reporting.

At the Consumer Electronics Show, BoomTown moderated the SuperSession panel titled “What Will They Think of Next? Consumer Technology in 2025.” A lot of the discussion involved pretty much the general consensus of what’s on the horizon, but there were some edgier ideas from the panel, which included an interesting cross section of the digital industry. BoomTown interviewed all of the participants on camera afterward about their visions of 2025, and some of the results were pretty funny. Of course, BoomTown had a say about the various degrees of silence and hysteria surrounding Steve Jobs’s health issues, urging people to put things in perspective, and evoking his 2005 commencement speech, in which he advised graduates to “Stay Hungry, Stay Foolish.” BoomTown says: Not this foolish. The passing of the leadership torch at Yahoo (YHOO) took center stage last week, starting with the classy exit of Sue Decker and her memo to the troops. Next up: Yahoo’s official announcement of Carol Bartz as CEO and her first words as its fearless leader: “Yahoooo!” and “Friggin’.” Here’s full coverage of the transition.

Walt Mossberg voiced his strong and sensible opinion about the media circus surrounding Steve Jobs’s leave of absence on Fox Business last week, which is, first and foremost, concern for the man and best wishes for his recovery. On the gadget front, he discusses different options for putting e-books on your cellphone and Web OS, the new operating system that debuted with the Palm Pre. Katie Boehret looked at a couple of Web search tools that deliver better results by paying attention to what results you click on.

More next week. Wait–later this week.

In the short run, it’s not likely to help, as the inventory from the company’s 567 remaining stores is sold off in a giant going-out-of-business sale that could pressure pricing in the already soft consumer electronics sector. But Khan also estimates that the company did $1.2 billion to $1.4 billion in online sales in its most recent fiscal year; he notes that, according to ComScore (SCOR), CircuitCity.com was the 11th largest Internet retailer by unique users through November. The company will stop operating the site as of Jan. 18, it said today. Khan thinks Amazon could inherit as much as half of Circuit City’s online business.

Read the rest of this post

The lights are going out in Circuit City.

Facing a bankruptcy court deadline to ink a deal with a buyer and no willing buyer in sight, the electronics retailer is closing up shop and sacking its entire workforce. “The company had been in continuous negotiations regarding a going concern transaction,” acting CEO James Marcum said in a disheartening statement. “Regrettably for the more than 30,000 employees of Circuit City and our loyal customers, we were unable to reach an agreement with our creditors and lenders to structure a going-concern transaction in the limited timeframe available, and so this is the only possible path for our company.”

A sad turn of events, but not an unexpected one. Circuit City (CC) filed for bankruptcy in November, and by the end of the year it had already shuttered 155 stores and sacked 17 percent of its workforce.

BlockBuster (BBI) must be thanking its lucky stars it chose to abandon its $1.3 billion gambit for the foundering electronics chain….

PREVIOUSLY:

• Circuit City Reschedules Black Friday for This Wednesday
• And Be Sure to Give Our Best to CompUSA When You See It
• Game Over, Schoonover

Amazon’s data-free claim that it posted its “best ever” holiday season this month has gotten a deservedly skeptical reception. But here’s one vote in favor of Jeff Bezos’s e-commerce giant: A customer satisfaction poll that singles out just Amazon and Netflix for praise.

Forsee Results says that Amazon (AMZN) and Netflix (NFLX) were the clear winners in its annual survey of Web shoppers. And Amazon was the only company in Forsee’s Top 5 that got higher rankings this year than it did in 2007.

Even mighty Apple (AAPL), whose customers were generally fairly happy with their online shopping experience, saw its ranking drop one point over the last year. Here’s a list of results (click to enlarge):

You can spin this stuff any way that you’d like: It’s sort of interesting, for instance, that brick-and-mortar chains like Wal-Mart (WMT), Target (TGT) and Staples (SPLS) improved their scores. And not that surprising that Circuit City (CC), which is in the midst of a Chapter 11 filing, fared poorly. Click here for the full report (ignore the part about this being a U.K. survey). But the real report cards–tallies of what customers actually spent at the stores in the last two months–are just getting finalized now.

In a research note, Levinson notes that the company in the long run should benefit from the bankruptcy and liquidation of Circuit City (CC), Tweeter and “whomever among its competitors might be the next to go.” But she adds that “in the short run it must join the lengthy list of retailers experiencing weaker sales, strained liquidity, and contracting margins.”

Levinson also notes that most of its merchandise is “largely discretionary in nature and margins in electronics were low to begin with even before the latest promotional binge.”

Read the rest of this post

Safe to say that the mood of last week–with its anticipation of change–is a distant memory. A different kind of anticipation permeated the tech and online media industries, one more reminiscent of April 2001. There was news all around of layoffs, pending layoffs, bankruptcies and stock dives.

To wit:

Digital Daily offered up a body count of companies in the tech sector that have been beaten into whimpering submission. Nortel (NT), once a telecom high-flyer, lost $3.4 billion in Q3. The company announced plans to lay off five percent of its workforce–including some high-ranking executives–eliminating 2,500 positions. Other high-ranking execs are taking part in the econalypse too, notably Kevin Kettler, Dell’s (DELL) chief technology officer. A week after the computer maker began offering workers voluntary separation plans, Kettler decided to take the company up on it. No word on how many followed suit. Other victims of the gloomy economy are Circuit City (CC), which declared bankruptcy this week, and Intel (INTC), which faced “sharply lower revenue.”

Media Memo presented a handy index of actual online advertising sales results (courtesy of Jupiter Media) and noted that the ad slowdown has hit Google (GOOG), too. Nick Denton, Gawker Media publisher, folded Valleywag into Gawker.com, the flagship blog of the media empire and, in an ironically appropriate move, put Consumerist up for sale. Denton, doom-mongerer of the econalypse, would surely appreciate the following layoff roll call: Condé Net and Time Inc., not once, but twice. No, wait. Three times.

BoomTown was on a Yahoo (YHOO) roll this week, writing about the company’s upcoming layoffs and its stock plunge. Just to squash rumors: Jerry Yang will not be laid off. Social media, mainly Twitter, became a hot topic this week in terms of its effect on the PR industry, and BoomTown had something to say about it. Also noted was the good humor of Mobuzz video, which made a plea to its users to donate five euros apiece to keep it afloat. And in case you were wondering what makes BoomTown impatient, the main two things this week were Microsoft’s (MSFT) continuing failure to find a head for its digital business and Yahoo/AOL’s failure to make anything happen in the ongoing yawn-fest of a nonacquisition.

In Personal Technology, Walt Mossberg gave the lowdown on Wi-Fi for your car, and in Mossberg’s Mailbox discussed disabling Wi-Fi on a laptop. In The Mossberg Solution, Katherine Boehret reviewed the Flip MinoHD, the latest addition to the Flip family, and its first foray into hi-def.

Several analysts weighed in today with estimate cuts, pressuring the stock.

Merrill Lynch’s Vivek Arya cut this EPS estimate for the fiscal third quarter ended November to 80 cents from 95 cents, which is now below the Street at 92 cents. For the February 2009 fiscal year, he goes to $3.45, from $3.61, and for 2010, he goes to $4.08, from $4.45. Arya cited a number of factors for the downgrade, including macro headwinds, the late North American launch of both the Storm and the Bold, and increased competition from the Apple (AAPL) iPhone. He also notes that warnings from Best Buy, Circuit City and Intel suggest we are in for weak consumer demand in calendar Q4. “While smartphone demand would normally be more resilient due to carrier promotions and productivity benefits, the current environment demands caution,” he writes. His target price on the stock drops to $65, from $80.

Read the rest of this post

A week after announcing the closure of a fifth of its stores. in the U.S., the struggling retailer succumbed to the inevitable and filed for bankruptcy protection.

This just weeks before the start of the holiday shopping season. A bleak portent for the retail sector.

“Despite aggressive efforts to secure vendor support, vendor concerns about the company’s liquidity and ability to pay for its purchases in this difficult economic climate have escalated considerably,” the company said in a statement. “Faced with the need to secure ongoing vendor support and to ensure adequate merchandise flow to stores during the important holiday season, the company has determined that it would be in the best interest of its stakeholders to file for reorganization relief under Chapter 11.”

BlockBuster must be thanking its lucky stars it chose to abandon its $1.3 billion gambit for the foundering electronics chain….

Awful, ugly news. That said, there is a silk purse to be made from this particular sow’s ear. Store closing sales begin on Wednesday, so this is an auspicious time for the employed to get a jump on the annual holiday consumer binge. Those who aren’t put off by this near-funereal assessment of the economy from Circuit City’s acting chief executive James A. Marcum.

“Since late September, unprecedented events have occurred in the financial and consumer markets causing macroeconomic trends to worsen sharply,” said Marcum. “The weakened environment has resulted in a slowdown of consumer spending, further impacting our business as well as the business of our vendors. The combination of these trends has strained severely our working capital and liquidity, and so we are making a number of difficult, but necessary, decisions to address the company’s financial situation as quickly as possible.”

Happy holidays, huh?

Circuit City shares are currently trading at around 38 cents.

NOTE: Consumer electronics store CompUSA would like it known that while it did close all 103 of its stores in 2007, it returned from the dead in 2008 under new ownership and now has 17 retail locations and a Web site.

He’ll be replaced by board member James Marcum, who’s been brought in to clean up after Schoonover and his two years of losses. “Circuit City has a long history of being a leader in the consumer electronics industry,” said Marcum. “It is my mission to direct that energy towards improving our operations and strengthening our market position in order to accelerate our turnaround and deliver improved results for all of our key stakeholders.”

That shouldn’t be too hard. After all, there’s nowhere to go but up, really. Circuit City (CC) shares lost more than 90 percent of their value on Schoonover’s watch.