ANTI COMPETITIVE CONCERNS IN MERGERS AND ACQUISITION

AUTHOR – SMRITI PRIYA* & DR. KRITIKA NAGPAL**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

**ASSISTANT PROFESSOR AT AMITY UNIVERSITY, NOIDA

BEST CITATION – SMRITI PRIYA & DR. KRITIKA NAGPAL, ANTI COMPETITIVE CONCERNS IN MERGERS AND ACQUISITION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 578-588, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Mergers and acquisitions (M&A) are at the heart of a firm’s expansion and development in the market, but are accompanied by the main risks of anti-competitive behavior that can erode consumer well-being and market efficiency. This article addresses the interconnection between competitive legislation and corporate governance in the regulation and prevention of such anti-competitive mergers and acquisitions transactions. This discusses the regulatory regimes governing the mergers and acquisitions activities of the key jurisdictions, that is India, the United States, the European Union and the United Kingdom, with reference to the Competition Authorities including the Competition Commission of India (CCI), the Federal Trade Commission (FTC) and the European Commission (EC) in their role of regulating mergers. Drawing on comparative analysis of past cases, this article concludes the effectiveness of current rules and governance practices in preventing anti-competitive conduct. The study pinpoints significant regulatory loopholes and enforcement issues, and offers suggestions to enhance corporate governance standards and anti-trust application procedures. The present research adds to a broader argument regarding balancing corporation interests with market competition, ensuring that the policy of merger and acquisition enhances economic growth and innovation without compromising on competition.

Keywords:  Anti Competitive Practices, Mergers and Acquisition, Corporate Governance.