The Interplay Between IBC And Mergers And Acquisitions In India: An Analysis
- IJLLR Journal
- Jan 27
- 2 min read
Saumya Mishra, LL.M. (Insolvency and Bankruptcy Laws), NALSAR University of Law, Hyderabad.
ABSTRACT
India’s approach to corporate distress underwent a significant shift in 2016 with the implementation of the “Insolvency and Bankruptcy Code (IBC)”. A clear, unified procedure for resolving corporate insolvency while safeguarding the interests of creditors and preserving company value was implemented for the first time. The fundamental idea behind this approach is the transfer of power from promoters to creditors, with impartial experts overseeing faltering businesses while they are being resolved. In addition to preventing the demise of numerous significant companies over the years, the IBC has created new opportunities for mergers and acquisitions (M&A). This paper examines how strategic purchasers, such as multinational behemoths like ArcelorMittal and Tata Steel, acquired distressed assets in a clean manner largely free from prior claims, by using the IBC framework. It also emphasizes how legislative regulations such as Section 29A, which exclude prior defaulters, have given the procedure more legitimacy. The corporate landscape in India has changed as a result of these developments, but court decisions, the clarity of regulations provided by regulators like SEBI and RBI, and changing tax laws have all had an impact on how successful the IBC is. Through real-world case studies, such as Piramal’s acquisition of DHFL or the resuscitation of major steel companies, the paper demonstrates how IBC has evolved beyond its initial use as a debt recovery tool. It is currently a potent tool for sectoral transformation, wealth generation, and corporate turnaround. Delays, legal disputes, and regulatory barriers are still major obstacles, nevertheless. In the future, quicker and improved regulatory coordination may help unlock the full potential of IBC-led M&A in India.
