The Treaty of Rome, establishing the European Economic Community (hereinafter: the Treaty), does not provide for a system of Community-wide merger control and authorization.The anti-trust provisions of the Treaty are only concerned with distortion of competition resulting from certain restrictive agreements (Article 85) and with abusive behavior of undertakings in a dominant position within the common market (Article 86);concentrations like mergers, which may as well affect the internal European market, are not explicitly mentioned. To a certain extent however, the European Commission has in fact won the power to control large-scale mergers as a result of the European Court's decision in Continental Can (1973).