CORPORATE RESTRUCTURING AND MERGER CONTROL: AN IN-DEPTH EXAMINATION OF COMPETITION AND COMPANY LAW IMPLICATIONS

AUTHOR – RAGHAV AGARWAL, AMITY LAW SCHOOL, NOIDA

BEST CITATION – RAGHAV AGARWAL, CORPORATE RESTRUCTURING AND MERGER CONTROL: AN IN-DEPTH EXAMINATION OF COMPETITION AND COMPANY LAW IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 654-660, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

A crucial component of contemporary business operations, corporate restructuring and merger control frequently have important strategic, financial, and legal ramifications. The competition and company law ramifications of corporate restructuring procedures are thoroughly examined in this research study. The study first examines the basic ideas and forms of corporate restructuring, such as joint ventures, acquisitions, disposals, and mergers, and then it clarifies the reasons for these calculated actions. It then explores the legal framework for merger control, explaining the functions of regulatory agencies and the goals of merger control legislation. The study then examines how corporate restructuring may affect competition law, looking at market concentration, antitrust issues, and possible anti-competitive repercussions. Additionally, it looks into the consequences for company law, including matters of corporate governance, shareholder rights, and board duties. The article demonstrates the real-world implementation of merger control procedures and the legal obstacles that arise through case studies and examples. It also looks at enforcement issues, the function of regulatory bodies, and global viewpoints on merger control. The report concludes by outlining upcoming trends and advancements in corporate restructuring and offering perspectives on new problems and prospective modifications to merger control legislation. This paper makes a significant contribution to our understanding of the legal and regulatory framework surrounding corporate restructuring by combining theoretical frameworks with practical insights. This understanding will inform future research endeavors and business practices.

Keywords: Mergers & Acquisitions, Company Law, Competition law