Cross-Border Mergers In Light Of The Fallout Of The Bharti – MTN Deal
Esha Shekhar and Vasudha Sharma*
Volume 4 Issue 1 (2011)
Mergers and acquisitions are increasingly being used and getting accepted by Indian business entities as a critical tool of business strategy. In recent times, with globalization being the byword of success, cross-border mergers are looked upon as a one way solution to gaining access to foreign market and creating an image to compete with big corporates. The attempt by Bharti enterprises to integrate with the South African giant, MTN Ltd., however, brought many lacunae in the Indian laws out of the closet. The article focuses on the deal that could have been, and seeks to look into the various legal and regulatory hurdles that were faced in the process. The authors try to delve into the details and analyse whether various Indian laws dealing with company, foreign exchange matters etc. need an overhaul to facilitate Indian companies to grow and be globally competitive.