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

Five Shades of Emerging Business Cases, Eliva Press (Nov 2021), ISBN: 978-1-63648-395-5

13 Pages Posted: 24 Mar 2020 Last revised: 18 Nov 2021

See all articles by Kaushik Ghosh

Kaushik Ghosh

Vinod Gupta School of Management, IIT Kharagpur; Indian Institute of Foreign Trade (IIFT), Kolkata

Mayukh Mukhopadhyay

Indian Institute of Technology (IIT), Kharagpur - Vinod Gupta School of Management; Indian Institute of Management (IIM), Indore

Date Written: February 27, 2020

Abstract

The role of government in Mergers and Acquisitions (M&A) and governance with respect to the same need to be re-defined as M&A gains cutting edge phenomena. The paper intends to review, summarize and discuss various institutional laws regarding mergers and acquisitions (M&A) in India and thereby recommend fruitful policy guidelines for institutions and managers participating in merger and acquisition deals. This paper provides a review of the Report of the expert committee on company law on M&A published by Ministry of Corporate Affairs (MCA). The paper on M&A by MCA has summed up thirty-four points which can be classified under five broad aspects 1. Structure and Objective, 2. Implementation, 3. Potential Benefits, 4. Potential Constraints and 5. Proposed Remedies. These are further analyzed in the light of Structure, Conduct and Performance (SCP) paradigm.

Keywords: Company Law, Structure-Conduct-Performance, Merger, Acquisition, Corporate Affairs

JEL Classification: G35, K21

Suggested Citation

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

Kaushik Ghosh

Vinod Gupta School of Management, IIT Kharagpur ( email )

Kharagpur, West Bengal 721302
India

HOME PAGE: http://kaus2007.github.io/online-cv/

Indian Institute of Foreign Trade (IIFT), Kolkata ( email )

1583 Madurdaha, Kolkata
West Bengal
Kolkata, West Bengal 700107
India
033-24195700 (Phone)
033-24432454 (Fax)

HOME PAGE: http://www.iift.ac.in

Mayukh Mukhopadhyay (Contact Author)

Indian Institute of Technology (IIT), Kharagpur - Vinod Gupta School of Management ( email )

Kharagpur, 721302
India

HOME PAGE: http://member.acm.org/~mukhopadhyaym

Indian Institute of Management (IIM), Indore ( email )

Prabandh Sikhar
Rau-Pithampur Road
Indore, Madhya Pradesh 453331
India

HOME PAGE: http://www.iimidr.ac.in

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