The UK Competition Appeal Tribunal indicates the extraterritorial reach of UK merger control (Akzo Nobel)

The proposed acquisition by the Netherlands company Akzo Nobel of shares in an Italian competitor, Metlac, taking Akzo’s interest in Metlac from a pre-existing 49 per cent to full 100 per cent ownership, was notified to nine competition authorities across the world under their merger control laws. Only one of those competition authorities – the UK’s Competition Commission – ordered prohibition of the merger, and that prohibition was applied, in spite of the fact that both of the merging companies were based outside the UK [1]. Now, in a landmark judgment, the UK’s Competition Appeal Tribunal has rejected an appeal by Akzo against the prohibition – and outlined the circumstances in which the UK can intervene to block foreign-to-foreign mergers [2]. The issue For UK merger control to apply

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  • Norton Rose Fulbright (London)

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Martin Coleman, The UK Competition Appeal Tribunal indicates the extraterritorial reach of UK merger control (Akzo Nobel), 21 June 2013, e-Competitions Bulletin June 2013, Art. N° 72325

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