ABSTRACT

This chapter attempts to understand the major concepts relating to mergers and acquisitions (M&As). It provides a historical overview about the merger waves that swept the US and the UK. The chapter focuses on the deal shaping process and legal framework prevailing in India. The Company Secretaries of India Handbook on Mergers, Amalgamations and Takeovers defines various concepts on M&As. Based on the products/services offered there are three types of deals. They are horizontal, vertical and conglomerate deals. Cross-border deals are the deals involving foreign firms. It can be classified into two, cross-border purchases and cross-border sales. There are three sets of regulations faced by firms. They are, Corporate Law including Competition Law (CL), Intellectual Property Rights (IPRs) and Sectoral Policy Regulations. The first CL in India is Monopolies and Restrictive Trade Practices (MRTP) Act, 1969, which was result of recommendations of Monopolies Inquiry Committee (MIC) appointed by the government to inquire into the extent, causes and consequences of economic concentration in India.