MERGERS AND ACQUISITIONS IN INDIA: LEGAL PROVISIONS AND JUDICIAL APPROACH

Most of the mergers and acquisitions are a consequence of positive economic factors like escalation in the GDP, the macroeconomic setting, fiscal policies and higher interest rates. Over the years, these factors have changed the way these mergers and acquisitions happen and have led to massive growth in markets. India has, in recent years, logged record deal-makings as far as mergers and acquisitions are concerned. Though, such activity can substantially contribute towards economic growth and consumer wellbeing, but the various legal issues that need to be dealt with to ensure that the growth continues smoothly and the mergers and acquisitions are a pleasant experience for all stakeholders. Most provisions to regulate mergers and acquisitions are under The Company Law, but the regulations are spread across many enactments. In this Article, we are trying to explore all the legal provisions that mainly govern Mergers and Acquisitions, and we will also be exploring the judicial approach of the Indian Courts towards such activity.