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Abstract

This Article considers how far high technology industries give rise to Community antitrust law questions that are new and limited to or characteristic of those industries. Originally, this Article was to discuss the Community antitrust law experience of the issues raised at the U.S. Federal Trade Commission ("FTC") hearings and in the FTC report on innovation competition ("FTC Report"). Not all of the issues considered by the FTC, however, have arisen in Europe to such an extent that makes it worthwhile to consider them, and some issues have arisen or are arising in the European Community that have not been considered by the FTC. This Article, therefore, is limited to Community issues, issues characteristic of high-technology sectors, and, primarily, issues of law and not of economics. This Article, therefore, does not repeat the many points in the FTC Report that would certainly be accepted by the European Commission ("Commission") and probably also by the Community courts, but that have not yet clearly arisen in the European Community.

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