Background to the judgement AkzoNobel NV (‘Akzo’) is incorporated in the Netherlands. It does not directly engage in activities in the UK. It is, however, at the peak of a complex corporate arrangement that comprises multiple subsidiary companies. Part of this corporate arrangement is a sizable UK manufacturer and trader that supplies coatings for metal drinks-cans. That manufacturer enjoys a sizeable portion in the UK market for such metal coatings. Akzo also owns 49% of Metlac Holding Srl (‘Metlac’). Metlac is incorporated in Italy and has a UK presence. Metlac engages in the manufacturing of the same sort of coatings. Akzo attempted to indirectly acquire a 51% share of Metlac. Those running Metlac met the idea with resistance. The UK Competition Commission subsequently reviewed the
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The UK Court of Appeal holds that a foreign business can be blocked by the Competition Authority from acquiring another non-UK company where there is sufficient UK involvement (Akzo Nobel / Metlac)
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