Introduction

Legislative decree no. 108 of 30 May 2008 (the ‘Decree’), published in the Official Gazette no. 140 of 17 June 2008, regulates mergers among Italian companies and companies incorporated under the law of a Member State (hereinafter referred to as cross-border mergers).

The Decree implements the Cross-border Merger Directive, which, considering the need for cooperation and consolidation among companies incorporated under the law of different EU Member States, as well as the legislative and administrative difficulties that the same may face in spite of operating in the single market, sets forth provisions aimed at facilitating the carrying-out of cross-border mergers among various types of companies.