Applying the Merger Directive beyond Its Scope in Third-Country Scenarios: An Alternative Approach to A Oy (Case C-48/11) – Part 1

This article examines the appropriateness of an expansive application of the Merger Directive to comply with EU law in third-country scenarios. In Part 1, the author examines the ECJ’s “predominant freedom” approach applied in A Oy (Case C-48/11) and its shortcomings in the context of business acquisitions and reorganizations. As a result, the author proposes an alternative viewpoint. Part 2, to be published in European Taxation 2/3 (2013), tests this alternative approach against several examples.