Corporate Governance and Regulatory Framework for Mergers & Acquisitions under the Competition Law: A Critical Analysis

  • Dr. Seema Surendran and Anu. A
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  • Dr. Seema Surendran

    Professor at CMR University School of Legal Studies, Kurukshetra University, Bangalore, Karnataka, India

  • Anu. A

    LL.M. student at CMR University School of Legal Studies, Kurukshetra University, Bangalore, Karnataka, India

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Abstract

This study basically looks at the part of corporate governance (CG) in merger and acquisition (M&A) activities, with a particular centre on the regulatory framework built up by the Competition Act (CA). The CA aims to advance reasonable competition, avoid anti-competitive practices, and ensure that M&A exchanges don't hurt market dynamics or customer welfare. It investigates the challenges faced by organizations in adjusting their governance practices with the objectives of the competition law, including the need to adjust corporate development with competitive fairness. The study also investigates how weak governance structures can lead to unethical practices, such as monopolistic behaviour or the exploitation of market power, which weaken the standards of the CA. By cultivating ethical decision-making, risk management and stakeholder trust, robust governance practices can contribute to the long-term victory of M&A activities while guaranteeing compliance with competition laws.

Keywords

  • M&A
  • corporate governance
  • Competition Act
  • anti-competitive practices
  • AAEC

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 4290 - 4307

DOI: https://doij.org/10.10000/IJLMH.1110305

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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