Intel told ZDNet UK on Wednesday that it is likely to use the Ombudsman's finding that the Commission failed to adequately record meetings as part of its defence against the $1.45 bn (€1.06bn £951m) Commission-imposed fine.
"We do plan to raise this issue, and others, in our appeal," said an Intel spokesperson.
The European Ombudsman, which adjudicates complaints of maladministration by EU governmental bodies, said in a statement on Wednesday that the European Commission "failed to make a proper note of a meeting with computer manufacturer Dell relating to the Intel investigation".
The Ombudsman found that the Commission had failed to take minutes of the Dell meeting on 23 August, 2006, despite the fact the meeting was concerned with the Commission's Intel investigation. In addition, no record was kept of the agenda of the meeting, said the Ombudsman.
For more, read "Intel to use EC slip-up in antitrust defense" on ZDNet UK