Review of Company Law on Merger and Acquisition in India Using SCP Paradigm

Welcome to Revise and Resubmit, where today we’re diving into one of the most transformative forces in the business world—Mergers and Acquisitions (M&A). But as M&A strategies become more complex and cutting-edge, the role of government oversight and governance is shifting dramatically. In this episode, we explore the institutional laws shaping mergers in India, drawing from an expert committee’s report on corporate law published by the Ministry of Corporate Affairs. We’ll break down the thirty-four critical points outlined in the report, from the structure and objectives of M&A deals to their potential benefits, constraints, and remedies. But here’s the big question: as businesses race ahead with ambitious mergers, is government policy keeping pace? And what changes need to happen to ensure these deals are truly beneficial for all? Let's find out. Reference Ghosh, Kaushik and Mukhopadhyay, Mayukh, Review of Company Law on Merger and Acquisition in India Using SCP Paradigm (February 27, 2020). Five Shades of Emerging Business Cases, Eliva Press (Nov 2021), ISBN: 978-1-63648-395-5, Available at SSRN: https://ssrn.com/abstract=3545442 or http://dx.doi.org/10.2139/ssrn.3545442