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Competition – Merger. The defendant Competition Commission proposed to make an enforcement order to prohibit the claimant Dutch company's proposed indirect acquisition of 51% of the shares in the intervener Italian company. The Competition Appeal Tribunal (the tribunal) dismissed the claimant's application for review and it appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that conducting strategic and operational management of a business carried on in the United Kingdom clearly amounted to carrying it on, under s 86(1) of the Enterprise Act 2002.
Competition – Merger. The defendant Competition Commission proposed to make an enforcement order to prohibit the claimant Dutch company's proposed indirect acquisition of 51% of the shares in the intervener Italian company. The Competition Appeal Tribunal (the tribunal) dismissed the claimant's application for review and it appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that conducting strategic and operational management of a business carried on in the United Kingdom clearly amounted to carrying it on, under s 86(1) of the Enterprise Act 2002.
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