Intel's December 15 motion to disqualify Rosch did not allege that he showed partiality in the case or possessed confidential information about Intel related to the case, the FTC said in its decision, calling Intel's motion "tactical in nature."

Intel's argument for disqualifying Rosch relied heavily on his earlier relationship with the company as an antitrust advisor during the late 1980s and early 1990s.

"Commissioner Rosch was Intel's primary outside counsel on antitrust matters for at least six years and personally advised Intel on many antitrust issues and practices, regarding which the Commission has now threatened to sue Intel," the chip maker said in its December 15 to recuse Rosch.

An Intel spokesman could not immediately be reached for comment on the FTC decision or why Intel sought to disqualify Rosch from the case.

The FTC said the current antitrust case does not involve actions taken by Intel during the period when Rosch worked with the company.