CROSS-BORDER MERGERS AND ACQUISITIONS: REGULATORY CHALLENGES IN MULTI-JURISDICTIONAL M&A TRANSACTIONS
AUTHOR – ANNLIYA ANIL, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY
BEST CITATION – ANNLIYA ANIL, CROSS-BORDER MERGERS AND ACQUISITIONS: REGULATORY CHALLENGES IN MULTI-JURISDICTIONAL M&A TRANSACTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 109-123, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
Cross-border mergers and acquisitions (M&A) play a major role in global economic integration, enabling companies to expand into new markets, access strategic assets, and achieve economies of scale. However, these transactions are often seen to be affected by complex and contradicting regulatory frameworks across jurisdictions. This research examines major legal and regulatory challenges in multi-jurisdictional M&A transactions, highlighting antitrust and competition law, foreign direct investment (FDI) restrictions, corporate governance, taxation issues, and intellectual property considerations.
This study involves analysis of statutes, case laws, and regulatory frameworks across major economies to identify the primary obstacles faced by multinational corporations in structuring and executing cross-border M&A deals. It also studies cases of successful and failed transactions to illustrate the practical implications of these regulatory challenges. The aim is to provide or suggest strategic legal approaches corporations can adopt to navigate these hurdles, including enhanced due diligence, regulatory risk assessment, and deal structuring mechanisms. Additionally, this study offers policy recommendations for better regulation, and greater international cooperation in M&A to create a more efficient legal environment.