But that's the whole point right? ... if you're able to give an OEM such a better pricing, then more power to you. Intel invests a lot of R&D money to drive to a smaller technology now, to drive better yields, to drive development of better process tools ... all to lower the cost/wafer. If they're able to achieve a lower cost/wafer why can't they take advantage of that?
Let's say it costs Intel $20 to produce one chip. Without any preferential treatment, they would normally sell it for $50, but with a exclusivity agreement they're selling it for $25 instead, is that illegal? If they sold it for say $19, then I would agree with you, it's illegal, they are selling below what it costs them to produce and is trying to undercut the competitor and raise the price afterwards. But if they're selling it above cost, taking advantage of their lower cost/chip and taking a hit on their profit margin then why is it illegal?