I don't think he's misrepresenting the argument
In the first case, I think he's simply pointing out that a perfectly reasonable volume discount plan could look like an anti-competitive exclusivity agreement. In that case, AMD would be making the accusation on reasonable grounds, but there would turn out to be no substance to it.
In the second case, I think he's simply expressing doubt that Intel would go so far as to insert such nerfing-functionality into their compilers. I'm less sanguine about that one, but it should be easy to test. AMD must have copies of the compiler floating around - pick one and reverse-engineer it. If the bad functions are there, they'll be found.