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Recent Trends in Mergers and Acquisitions in India

Article by Varsha Chamakura.


Merger and Acquisitions of Companies in India

The concept of Mergers and Acquisitions (M&A) has attracted the corporate sphere all over the world. Mergers and acquisitions (M&A) activity in India is no different. 

M&A culture in India increased over the years, after the removal of constrictive arrangements and liberalisation of the Indian economy.

M&As are strategic tools that are used for the development of the economy. 

This is done by expanding to low cost markets or emerging markets, especially those which have a high number of skilled workers or by acquiring well established corporate entities. 

M&A culture in India has been prevalent since 2015, and has only become grown in popularity over the years. 

M&As is most common in the sectors of Energy, Mining and Utilities, followed by Telecommunication, Consumer Durables and Pharmaceuticals.

What is a merger? 

A merger is an agreement between two or more corporate firms, to create a new entity by exchange of shareholding.

 It is a transaction where two or more corporations pool their resources and operations, and combined to form a single corporation.

It can also refer to an event where the assets and liabilities of two or more corporate organisations are invested in another organisation, which is the merged organisation. 

A merger is basically a mutually agreed decision of organisations for the joint ownership of a corporate entity. 

Merger in simple terms means the combination of two or more corporations into one single organisation.

In India, laws do not use the term merger, rather they use the word “amalgamation”. 

Section 2(1B) of the Income Tax Act, 1961 defines amalgamation asthe “merger of either one or more companies with another company or merger of two or more companies to form one company in such a manner that: 
  • All the property/liability of the amalgamating company/companies becomes the property/liability of amalgamated company.
  • Shareholders holding minimum 75% of the value of shares in the amalgamating company (other than shares already held therein immediately before the amalgamation by, or by a nominee for, the amalgamated company or its subsidiary) become shareholders of the amalgamated company”.

What is an acquisition? 

An Acquisition means the process by which a company purchases another company or gains a majority in another organisation. 

One firm takes ownership of another corporate firm because of this. Acquisitions are commonly known as Takeovers. 

An acquisition takes place when an organisation's capital resources are utilized. Such capital resources include debt, cash, stock, etc.

It involves two parties; the acquiring party and the acquired party. 

Acquiring party is the one that buys the majority of shares or gains ownership of the acquired company.

Acquired party is the one that surrenders their majority of shares or ownership of the acquiring
 company.

The latest trend in the Indian Corporate sector is the acquisition of Foreign companies by the Indian businesses. 

Types of Acquisitions

There are generally 4 types of acquisitions – Friendly, Hostile, backflip and Reverse takeover.

A friendly acquisition is when both the acquiring and acquired parties willingly corporate in negotiations and in the process of takeover. 

While a hostile acquisition is one when the acquired party is not willing to sell or when the acquired party’s board members have no knowledge of such an offer. 

Generally, acquisitions refer to the buying of smaller corporate organisations by larger corporate firms. 

However, when a small unlisted private company acquires a larger and well established listed public company, it is called reverse takeover. This takeover can be either friendly or hostile.

This is mainly done to achieve listing status. 

When a bidding company becomes the subsidiary of the acquired company, it is called Backflip takeover. 

Backflip takeover is one where a bidding company becomes the subsidiary of the taken over company.

The main reason for such a takeover is to have the advantage of the brand value of the taken over firm. 

Types of Mergers 

There are generally 4 types of mergers – Horizontal, Vertical, Concentric, Conglomerate. 

If two or more companies that are involved in the same business activity and are competitors merge together, it is called Horizontal Merger.

If these companies are in direct competition for the same product type and market and merge together, it would be horizontal merger. 

The main benefit of this kind of merger is that it eliminates competition and helps the firm to increase its market share, customer base, revenue and profits. 

It increases cost efficiency, as wasteful activities are removed from operations. 

If two or more companies that are involved in different stages of the operation of manufacturing merge together, it is called Vertical merger. 

If a supplier firm merges with a customer firm, it would be a vertical merger. 

This kind of merger is usually adopted to secure the supply of essential goods, and avoid any disruption and interruption in supply of goods.

They offer a high margin of profit and also cost saving, since manufacturers share is no longer there. This is opted for the smooth supply of raw materials to the acquiring party. 

If two or more companies that operate in the same industry but not in the same line of products of business merger together, it is called Concentric merger. 

After such a merger, a new company is formed all together so as to become more competitive. This also helps increase the customer base. 

Such mergers offer opportunities to corporate firms to venture into other areas of the industries to reduce risk and more access to resources. Markets that were unavailable before would also be available now. 

If two or more companies that have no common business areas or no common business activity merge together, it is called Conglomerate merger. 

This merger is usually adopted to diversify into new industries, which helps reduce risks. The main risk of such a merger is the sudden shift in business operations. 

Such a merger is further divided into Pure Conglomerate and Mixed Conglomerate merger. 

When both companies have nothing in common, business operations of both companies are unrelated, it is called Pure Conglomerate merger. 

When both companies merge together to expand customer or market base, it is called Mixed Conglomerate merger. 





M&A recent trends in India 

In terms of M&A, India is one of the leading nations because of the majority of the Indian Companies favouring Mergers and Acquisitions. 

M&A deals increased in India since 1999, especially after Liberalization. During the years of 2000, 2007 and 2008 such deals declined due to the crisis of the global credit. 

The trend of M&A in India has been decreasing from 2000 to 2008. Though by 2010, such deals hit a new peak. Since then, Indian companies have considered M&As to be key in corporate restructuring.

Since 2010, there has been a considerable increase in M&A deals in India. 

Multinational companies (MNCs) have entered India with the help of Joint ventures or Acquisitions because of Liberalisation. 

This has increased competition between local and foreign firms greatly over the past few years.

In 2018, nearly 70% of the M&A activity included distresses deals. 


Various foreign investments as part of M&A deals, were seen among various sectors and industries in India in 2019.

Another trend that has been seen since 2019 is that M&A deals quite popular in the start-up sector as well. 

Various reforms were introduced in 2019, which boosted the growth of M&As in India. Such reforms included – 


  • New framework by SEBI on the aspect of issuance of Shares with Differential Voting Rights. This enables organisations and its members to receive investment without losing any control. 

  • Tax incentives and exemptions were granted to all registered start-ups, which increases M&As in the start-up sector. 

  • Reform of Corporate Income Tax rates reduction has made India to be a high in investment all over the world, which would increase M&As in all sectors. 

The most popular and major mergers and acquisitions in 2019 are : 

There were many M&A deals last year, but these are the most popular and of great importance - 
  • Acquisition of Yatra with a majority stake of 71% for $337.8 Mn by Ebix Inc.
  • OYO acquires Innov8 for INR 220 Cr.
  • Acquisition of CloudCherry by Cisco.
  • Paytm Acquires travel startup NightStay.
  • PayU Acquires Wibmo in a deal worth $70 Mn.

Conclusion 

The government’s steps to develop the Indian economy has increased the M&A deals in India. Along with this, interest of Foreign Investors to invest in Indian companies and Indian market has also increased. 

This would help India become a hub for foreign cross-border mergers. Though it has increased competition among MNCs and local businesses which has also led to the downfall of many Indian companies.

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Author Bio:  Varsha Chamakura is a BA, LLB(H) student at Symbiosis Law School Hyderabad. Connect with her on LinkedIn.

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