A Proposal to Expand and Improve Article 6 of the EU Merger Directive

Abstract:

The European Court of Justice (ECJ's) judgment in A Oy (C-123/11) has created a rule for transferring losses cross-border, whereas the Merger Directive provides only for the takeover of losses in a domestic situation. This contribution contains a proposal for expanding and improving Article 6 of the Directive, not only to bridge the gap between what is possible under primary EU law and what is possible under secondary EU law, but also by providing solutions that are designed to attain the objectives of the Merger Directive as far as possible, irrespective of national law.