Anti-Competitive Agreements Vis-A-Vis Mergers and Acquisitions - a Comparison between India, US and EU

Abstract

Prior to closing, M&A transactions often entail information exchanges between parties for various reasons. This information that is shared both prior and post the completion of the transaction are to comply with the provisions of the anti-trust laws of the concerned nations to ensure a fair and free market that is devoid of monopolistic entities. The anti- competitive agreements entered into by rival corporations and firms play a major role in keeping the new mergers and combinations that will swallow up the free market at bay. The regulation and enforcement of these anti-competitive agreements and anti-trust laws differ from nation to nation. In this article, the legal provisions and precedents of anti- competitive agreements of India, United States of America and the European Union and the roles they play in the mergers and acquisitions that are transacted in their respective free markets are examined.