Abstract
Cross-border mergers are becoming increasingly popular among companies looking to expand their business globally. In India, cross-border mergers are governed by the Companies Act, 2013, and the Foreign Exchange Management Act, 1999. However, competition law is also a crucial aspect to be considered while assessing cross-border mergers. The Competition Act, 2002, applies to mergers and acquisitions that result in a substantial acquisition of shares, control or assets of an enterprise, or a merger or amalgamation of enterprises. The Competition Commission of India (CCI) is responsible for reviewing and approving such mergers to ensure that they do not lead to adverse effects on competition in the relevant market. In addition, the CCI may impose conditions on the parties to the merger to ensure compliance with the competition law. It is essential for companies to ensure that their cross-border mergers are in compliance with the competition law to avoid any legal implications.
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