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Mergers & Acquisitions in India

With specific reference to Competition Law
This research paper is a copyright of Nishith Desai Associates. No reader should act on the basis of any statement contained herein without seeking professional advice. The authors and the firm expressly disclaim all and any liability to any person who has read this research paper, or otherwise, in respect of anything, consequences by any such and of of anything in

February 1, 2010

done, or omitted to be done person reliance upon the contents of this research paper.

Nishith Desai Associates www.nishithdesai.com TABLE OF CONTENTS I. II. Introduction .................................................................................................................................................... 3 Mergers and Amalgamations: Key Corporate and Securities Laws Considerations. ...................................... 7

III. Acquisitions: Key Corporate and Securities Laws Considerations................................................................. 10 IV. Competition Law ............................................................................................................................................ 21 V. Exchange Control............................................................................................................................................ 24 VI. Taxes and Duties ............................................................................................................................................. 30 VII. Conclusion...................................................................................................................................................... 40

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I.

Introduction

The financial year 2007-08 witnessed a slew of acquisitions across diverse sectors of the economy in India. Unlike in the past, such activity was not

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