CENTRAL UNIVERSITY OF SOUTH BIHAR

DEPARTMENT OF LAW & GOVERNANCE

SCHOOL OF LAW & GOVERNANCE

End Term Examinations, 2019-2020

Semester: 1th Semester Session: 2019-20

Programme: LL.M. (One Year) Maximum Marks: 50 Marks
Course Code: MLLAW1005E02 Course Title: Merger and Acquisition
Duration/Time: 3 Hours
Instruction(s):
Attempt three questions from Part A and two questions from Part B.
All questions carry equal marks.

Part- A

1. “In Changing Society, Merger and Acquisition has become a tool to revive the businesses
through it.” In the light of above statement discuss the significance and Merger and
Acquisition on market structure and conduct of players of market. Also differentiate
among the various types of M & M. Do you think that Merger and Acquisition
Legislation are being executed properly in India?
(10 Marks)
2. (a). What are the Suitable Conditions where Demerger is preferred by corporate entity
instead of doing Merger? Critically examine the scope the concept of Demerger with
appropriate illustration. Also discuss the Reverse Merger and provision of Income tax
Act 1961 thereon.
(b). Critically examine the scope of Integration Model in post-Merger Reorganization and
also discuss the relevant factors thereto.
(5+5=10 Marks)
3. “The obligation under the takeover code are triggered on acquisition of ‘voting right’ or
‘shares’ entitling the acquirer to exercise voting rights in the target company, beyond the
prescribed threshold.” Discuss the powers and duties of SEBI under Takeover Code
Regulation 2016. Also explain the patterns of gain related to takeovers.
(10 Marks)
4. “M & M largely depends upon the terms and conditions of the mergers and the track
record of the transferee or acquirer company. Based on the cardinal principle, every
buyer has to pay more than the book value of the transferor or target company. More over
the terms and conditions of transactions depend upon their present conditions.” If the
shares of the company changed its value after the notice of the merger agreement to CIC,
Whether it will have impact on the valuation of the transferee or acquirer company assets.
(10 Marks)

Part- B

5. Critically examine the role of Competition Commission of India in regulating the

joint venture agreement. Also discuss the challenges and the reason for failure to
monitor the working of international joint venture agreement and execution of Anti-
Trust Policy.
(10 Marks)
6. Write an essay on Cross Border Merger and Acquisition and Opportunities, threat,
and Challenges thereon. Also examine the scope of working of effect doctrine in
India.
(10 Marks)
7. (a). What steps are supposed to be complied of for assessing accomplishment of post-
merger objectives.
(b). Suggest an appropriate strategy for economic stability in India. Also advance the
reasons for failure of Jet Etihed Agreement in Aviation Sector.

(10 Marks)
*****