Multinational corporations take heed, for the Court of Justice of the European Communities has decided a case which promises to be a landmark in Common Market anti-trust law-Europemballage Corp. & Continental Can Co. Inc. v. EEC Commission. Although finding for Continental Can on the facts, the court broadly interpreted the European Economic Community Treaty, thus giving to teh Community's executive and administrative body, the Commission, broad but ill-defined power to oversee and perhaps control mergers. This power is derived from Article 86 of the Treaty which prohibits the abusive exploitation of a dominant position within the Common Market.
Wm. H. Haubert II,
Continental Can--New Strength for Common Market Anti-Trust,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol11/iss1/10