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Abstract

High technology industries have frequently come under scrutiny by competition authorities, and the computer software and hardware industries are no exception. In the last few years the European Commission (the Commission Commission) has imposed record fines on two of the world’s largest high technology companies, the Microsoft Corporation (Microsoft Microsoft) and the Intel Corporation (Intel Intel), for abuse of their respective dominant positions under Article 82 of the EC Treaty (now Article 102 of the Treaty on the Functioning of the European Union (Article 102 )). Two separate cases have been brought against Microsoft, one of which started in 1998 and is still ongoing. The Intel case has also taken almost a decade so far, and has yet to reach its final conclusion. This article gives an overview of these cases, all three of which are substantively and procedurally complex. The article concludes with some reflections on the impact of these cases on the development of antitrust law and the consequences for future defendants.

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