Cross-Border M&A In India: Growth Gateway Or Regulatory Gridlock
- IJLLR Journal
- 14 minutes ago
- 1 min read
Rishabh Bahadur Singh & Parag Mathur, SVKM's NMIMS, Kirit P. Mehta School of Law, Mumbai
ABSTRACT
Cross-border mergers and acquisitions (M&A) have become one of the defining instruments of India’s economic transformation. From Walmart’s historic acquisition of Flipkart to the Facebook–Jio alliance, global deal- making in India today reflects a fascinating blend of ambition, regulation, and strategic diplomacy. This research explores the duality of India’s M&A ecosystem — a “growth gateway” offering unprecedented market access, and a “regulatory gridlock” defined by the complex interplay of competition law, foreign direct investment (FDI) policy, and foreign exchange regulation.
Through an examination of legal frameworks, case studies, and emerging trends, the paper highlights how the Competition Commission of India (CCI) and the FDI regime act as twin gatekeepers — one guarding market fairness, the other national interest. It argues that successful deal-making in India now demands more than financial acumen; it requires regulatory empathy, narrative strategy and geopolitical sensitivity.
Looking ahead, India’s regulatory landscape is evolving toward coordination rather than conflict. The study concludes that the future of cross-border M&A will depend not on the absence of regulation, but on the synergy between global capital and India’s policy vision — where compliance, innovation, and national interest can coexist as drivers of sustainable growth.
