AkzoNobel N.V. v Competition Commission

21 Jun 2013

Monckton Chambers’ Daniel Beard QC and Rob Williams have successfully defended the Competition Commission against an application brought by AkzoNobel NV challenging the Competition Commission’s decision in the AkzoNobel/Metlac merger inquiry.  AkzoNobel NV was represented by Tim Ward QC and Alistair Lindsay, also of Monckton Chambers.

The case is the first concerning the scope of the Competition Commission’s powers to make enforcement orders which extend to a person’s conduct outside the United Kingdom.

In its judgment, the Competition Appeal Tribunal considers the circumstances in which a person can properly be said to be “carrying on business in the United Kingdom” for the purposes of s. 86(c) of the Enterprise Act 2002.

The Tribunal found that the Competition Commission had not made an error of law in finding that AkzoNobel NV, a Dutch holding company, was carrying on business in the United Kingdom and could therefore be the subject of an enforcement order.

Click here to read the full AkzoNobel v Competition Commission judgment