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Issues Related To Mergers And Acquisitions In India




Madhav Sharma, Amity Law School, Noida


This paper explores the complex landscape of mergers and acquisitions (M&A) in India, delving into the myriad challenges and opportunities inherent in this strategic business practice. Mergers and acquisitions serve as crucial tools for corporate growth and market consolidation, offering avenues for enhanced efficiency, expanded market reach, and strategic repositioning. In recent years, India has witnessed a surge in M&A activity across diverse sectors, ranging from banking and telecommunications to information technology and business process outsourcing. The banking sector has emerged as a focal point for M&A activity, driven by regulatory imperatives and market dynamics. However, challenges such as fraudulent practices, mounting non-performing assets (NPAs), and bureaucratic hurdles have underscored the complexities inherent in banking sector consolidations. Government-led mergers aimed at bolstering financial stability have elicited mixed market responses, highlighting the need for streamlined regulatory frameworks and proactive risk management strategies.


Similarly, the telecommunications sector has witnessed landmark mergers, such as the merger between Vodafone and Idea, aimed at securing dominant market positions. Regulatory bottlenecks, including approvals from regulatory bodies like the Department of Telecommunications (DoT) and the Competition Commission of India (CCI), have posed significant challenges, prolonging the merger process and impacting market competitiveness. Beyond specific sectors, the paper examines broader regulatory challenges and procedural complexities that impede M&A transactions in India. Provisions outlined in statutes such as the Companies Act, 2013, often lead to procedural delays, bureaucratic interventions, and legal disputes. The involvement of courts in oversight further contributes to lengthy approval processes and operational uncertainties, underscoring the need for a comprehensive review of existing regulatory frameworks.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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