Jurisdiction(s):
United Kingdom

Key definition

SLC definition

What does SLC mean? SLC (substantial lessening of competition) describes, in merger control, a material reduction in competitive rivalry that risks higher prices, lower quality or choice, reduced innovation or weaker service. It is the statutory test applied by the UK Competition and Markets Authority (CMA) under the Enterprise Act 2002 and by Ireland’s Competition and Consumer Protection Commission (CCPC) under the Competition Act 2002 (as amended by the 2014 Act). Usage is consistent across England & Wales, Scotland and Northern Ireland (UK-wide CMA jurisdiction) and broadly aligned in Ireland. In practice, the SLC test is forward‑looking and counterfactual: authorities define the relevant product and...

AkzoNobel/Metlac merger prohibition upheld: CC's Enterprise Act 2002 s 86(1) jurisdiction, pricing survey evidence and innovation SLC findings affirmed by CAT and Court of Appeal

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub records the position as at the judgment dated 14/04/2014 and is no longer maintained. See further, timeline.

Case facts

Outline

AkzoNobel appealed the Competition Commission’s ruling blocking its proposed acquisition of Metlac. The CAT handed down its judgment on 21/06/2013, dismissing the appeal, and the Court of Appeal rejected a further appeal against the CAT’s judgment on 14/04/2014.

Parties

AkzoNobel NV (AkzoNobel)
Competition Commission (CC)
Metlac Holding (Metlac), intervened in support of the CC

Background

AkzoNobel already owned a 49% interest in Metlac. In 2012, it announced its intention to exercise an option to buy the remaining 51% shareholding and obtain full control. The OFT opened a merger investigation and subsequently referred the case to the CC. The CC found a SLC and prohibited AkzoNobel from acquiring the remaining 51% of Shares (see AkzoNobel/Metlac).

Market(s)

Metal Packaging coatings

Decision being appealed

CC’s decision in the AkzoNobel/Metlac merger investigation...

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Web page updated on 21/05/2026

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