I’ve always been partial to Cadbury’s Creme Eggs and for the past two weeks, I’ve been buying boxes and bringing them into the office, exhorting my colleagues to “eat them while they are still British”. Alas, no more. At 1pm today, the iconic British company became the plaything of an American conglomerate whose trademark cheese products are, astonishingly, even less related to actual cheese than Creme Eggs are to eggs.
PM has been busy lately, launching a attempted decapitation strategy on DC yesterday in a speech filled with more chutzpah than a New York second-hand car dealership. Now he’s been to meet the Kraft CEO, who’s not averse to audacity herself on the evidence of this takeover, he is sagely warning that he’ll be looking for more detailed assurances in the coming months. I don’t think that’s going to worry Irene Rosenfeld much – she’s only 4% short of the shares she needs to take Cadburyoff the stock exchange altogether.
And what PM is less keen to let you know is that it was Labour, through the Companies Act 2006 that effectively removed the right of government to protect our long-established businesses from takeover. The act implemented the EU’s Takeover and Transparency Obligations Directives, which harmonise takeover law throughout the EU and prevent company boards from doing anything to frustrate takeover bids. But surprisingly, it’s not the EU’s fault.
Despite the obvious agenda of EU member states to fix takeover legislation to favour their own subsidised corporate environment (ever wondered why so many German, French and Spanish firms can afford to buy British companies and infrastructure?) the directive did leave EU governments free to restrict takeoever law in their states. Labour didn’t take that opportunity and so the government is now in a very weak position to do anything about Kraft or dictate terms to it once Cadbury is bought.
There’s nothing intrisically bad about large British companies getting taken over. It puts money into shareholders’ pockets and since many shareholders are pension schemes, it helps to boost flagging pension values. Certainly Kraft has chosen to pay well over the odds for Cadbury. But it is important that we have British companies continuing to develop and emerge on the global market as players.
And with little or no protection from foreign predators, that is less, not more, likely to happen.









One of the key things in the the Pre-Budget Report was the headline to “halve Britain’s deficit” during the next four years, bringing this down from 12% of GDP where it currently stands (up from 2% in 2007) to 6.5%. In other words we are going to reduce the £180bn-a-year borrowing levels to something more “manageable”.

