of non-European firms to bypass EC trade policy measures.
THE EARLY MERGER CONTROLS: ARTICLES 85 AND 86
Prior to the enactment of the Merger Regulation there were a few provisions in EC law which were used to control mergers and acquisitions. The most important of these were Articles 85 and 86 of the EEC Treaty. These two articles were more generally applicable to mergers than any other Community law provisions prior to 1989. However, Articles 92, 93, and 94 of the EEC Treaty also contained provisions which allowed the Commission to control the award of state aids by Member States to undertakings.
Articles 92 through 94 were not drafted with provisions which explicitly applied to mergers. These provisions, however, have been used as the bases for interventions by the Commission in the sale of nationalized industries to private interests. Although the intent of these interventions has been to control the award of state aid to these undertakings, their practical effect has been a form a merger control. The state
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