The UK Competition Appeal Tribunal upholds NCA’s decision to prohibit the merger of two foreign companies in the market for the supply of metal packaging coatings for beer and beverage cans (Akzo Nobel/Metlac)

On 21 June 2013, the Competition Appeal Tribunal (the “CAT”) upheld the UK Competition Commission's (“CC”) finding on 21 December 2012 that Akzo Nobel N.V.'s (“Akzo Nobel”) proposed acquisition of Metlac Holding S.r.l. (“Metlac Holding”) would lead to a substantial lessening of competition in the market for the supply of metal packaging coatings for beer and beverage cans in the UK. [1] The decision is of some significance, mainly because the firms involved are both incorporated outside of the UK, making this the first case that has questioned the jurisdictional interpretation of “carrying on business in the UK” under Section 86(1)(c) of the Enterprise Act 2002 (“the Act”). Akzo Nobel (incorporated in the Netherlands) presently holds, through one of its subsidiaries, Akzo Nobel Coatings

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Emile Abdul-Wahab, The UK Competition Appeal Tribunal upholds NCA’s decision to prohibit the merger of two foreign companies in the market for the supply of metal packaging coatings for beer and beverage cans (Akzo Nobel/Metlac), 21 June 2013, e-Competitions Bulletin Prohibited mergers, Art. N° 54194

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