Karen Banks


This Article, in Parts I-III, traces the development of Articles 85 and 86 of the EEC Treaty from the drafting of the Treaty, through discussions in the 1960s on their possible application to mergers, to the Continental Can case in 1973 and its subsequent interpretation. Part IV examines the Commission's proposal for a regulation on the control of concentrations between undertakings. Part V explains the Commission's practice in relation to joint ventures (partial mergers), tracing the connection between this phenomenon and the merger problem. Finally, Part VI looks at recent developments that demonstrate the currently unsatisfactory state of this are of the law.