Despite recent developments in ECJ case law, the ability of EU firms to choose among
different Member State corporate law regimes is quite limited. At the same time, however,
Member States have started to show an interest in providing competitive business forms,
and firms seem keen to use them. Against this background, the ongoing review of EU
company law and takeover law can be seen as an attempt to complete the set of minimum
requirements that establish a limit for the 'race to the bottom'. This paper suggests that …