一、合并条例前的“早期阶段”1957年的《欧共体条约》不包括任何控制合并的具体条款,尽管欧共体委员会很快在1966年认识到某种欧共体合并控制是必要的,但是成员国一直不愿意将权力让渡给欧共体,且成员国根本没有就合并控制的必要性达成一致意见。因此,欧共体委员会和欧洲法院利用《欧共体条约》的第82条及81条来防止通过接管和收购获得其他企业的控股权。 First, the “early stages” before the merger The 1957 EC Treaty did not include any specific terms governing the merger, although the EC Commission quickly realized in 1966 that some sort of EC merger control was Necessary, but Member States have been reluctant to delegate power to the EC, and member states have not agreed on the need for merger control. Therefore, the EC and the European Court of Justice have made use of Articles 82 and 81 of the EC Treaty to prevent the acquisition of controlling interest in other enterprises through takeovers and acquisitions.