Competition law and mergers and acquisitions

  • What is a merger in competition law?

    Almost all systems of competition law provide for control of mergers, to prevent companies from joining together to eliminate competition between them.
    A merger could be a complete union of two or more companies, a more one-sided takeover or the transfer of parts of one firm to another..

  • What is mergers and acquisitions law?

    Mergers and acquisitions (M&A) is a branch of corporate law dealing with companies that are purchasing and/or merging with other companies..

  • What is the mergers and acquisition and competition law?

    The Competition Act, 2002, in India, provides the legal framework for regulating M&A transactions to prevent abuse of dominance, promote fair competition, and protect consumer welfare..

  • Where can I find mergers and acquisitions?

    Business Source Complete, ABI/INFORM, Mergent Online, and Nexis Uni (formerly LexisNexis) will provide news articles on recent mergers and acquisitions, as well as industry reports.
    These industry reports may indicate whether an industry is consolidating or growing industry..

  • Mergers and acquisitions (M&A) is a branch of corporate law dealing with companies that are purchasing and/or merging with other companies.
  • The main reasons for a company to execute an M&A transaction are to grow its business (by acquiring or merging with a competitor) or add a new line of business to its existing activities.
A merger of competitors poses particularly significant risks for competition law, so enforcement often focuses on them. By joining two or more competitors into  Merger Law ContextsPremerger NotificationSubstantive Review: Standards
Most major competition authorities are authorized to prohibit mergers and acquisitions affecting their territory and to condition approval of a proposed merger  Merger Law ContextsPremerger NotificationSubstantive Review: Standards

Are mergers and Acquisitions Legal Terms?

The concepts “mergers and acquisitions” (M&A) and “restructuring” are primarily used as business terms, not as legal terms of art.
They are not sharply defined, instead referring to fuzzy sets of similar transactions.

Does section 7 of the Clayton Act prohibit mergers and acquisitions?

Section 7 of the Clayton Act prohibits mergers and acquisitions when the effect "may be substantially to lessen competition, or to tend to create a monopoly." The key question the agency asks is whether the proposed merger is likely to create or enhance market power or facilitate its exercise.

Is merger law forward-looking?

Merger law is generally forward-looking:

  • it bars mergers that may lead to harmful effects.
    The premerger notification requirements of the Hart-Scott-Rodino Act allow the antitrust agencies to examine the likely effects of proposed mergers before they take place.

    • What is a potential competition merger?

    A potential competition merger involves one competitor buying a company that is planning to enter its market to compete (or vice versa).
    Such an acquisition could be harmful in two ways.
    For one thing, it can prevent the actual increased competition that would result from the firm's entry.

    Merger control refers to the procedure of reviewing mergers and acquisitions under antitrust / competition law.
    Over 130 nations worldwide have adopted a regime providing for merger control.
    National or supernational competition agencies such as the EU European Commission or the US Federal Trade Commission are normally entrusted with the role of reviewing mergers.

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