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Sreshtha Malik   28 June 2021

When a company takes over insolvent company, does it create monopoly?

When a company takes over insolvent company, does it create monopoly?


Quick Summary
This discussion explores whether a company taking over an insolvent entity constitutes a monopoly. It clarifies that acquiring an insolvent company is distinct from creating a monopoly, highlighting that mergers and acquisitions are corporate strategies governed by public interest and commercial wisdom. The content references the Indian Companies Act, 2013, specifically sections related to compromises, arrangements, and amalgamations, which dictate the legal framework for such transactions.

 3 Replies

N.K.Assumi (Advocate)     28 June 2021

Company or a  Corporation is a juridical person, ,,but this  is not to say that one company can be taken over by another company, like a Sovereign nation conquering another Sovereign Country.and subjecating it under its terms. In every merger or amalgation, of a company, public interest is involved with commercial wisdom as the crypto guiding rules,  and thus,  equitablility between the parties will govern the parties.   

Dr J C Vashista (Advocate)     29 June 2021

Taking over an "insolvent" company is totally different connotation to "monopoly".

Be specific to the facts vis-a-vis dispute / concern / problem / locus standi if it is "NOT" a hypothetical  academic time pass topic for debate.

P. Venu (Advocate)     29 June 2021

What are the facts? What is the context?


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