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Laws governing Mergers and Acquisitions in India The approval of the High Court is highly desirable for the commencement of any such process and the proposal for any merger or acquisition should be sanctioned by a 3/4th of the shareholders or creditors present at the General Board Meetings of the concerned firm.
Mergers are transactions involving the combination of generally two or more companies into a single entity. The need for shareholder approval of a merger is governed by state law. Typically, a merger must be approved by the holders of a majority of the outstanding shares of the target company.
The antitrust laws charge the FTC and the Justice Department with preventing mergers that may substantially lessen competition or tend to create a monopoly. Merger guidelines are frameworks for the analysis of mergers under the antitrust laws.
Mergers and Acquisitions Can Take a Long Time to Market, Negotiate, and Close. Most mergers and acquisitions can take a long period of time from inception through consummation; a period of 4 to 6 months is not uncommon.
We suggest using Mergent Online and Nexis Uni to search for a company by name of ticker symbol and then access their history/mergers or acquisitions. Additionally, Statista provides information on mergers and acquisitions within certain industries.
Generally, the federal government regulates sales and transfers of securities through the Securities and Exchange Commission (SEC), and polices competition matters through the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC).
The FTC and the Antitrust Division of the Department of Justice have concurrent jurisdiction to review mergers and acquisitions and enforce the federal civil antitrust laws.
Federal Trade Commission Act of 1975 Section 5 of the federal trade commission Act (15 U.S.C.A.
Before a large merger happens, the antitrust regulators at the FTC and the U.S. Department of Justice can allow the merger, prohibit it, or allow it if certain conditions are met. One common condition is that the merger will be allowed if the firm agrees to sell off certain parts.
The U.S. government approves most proposed mergers. In a market-oriented economy, firms have the freedom to make their own choices. Private firms generally have the freedom to: expand or reduce production.