현행법상 M&A활성화의 법적 장애와 국내기업역차별제도

Abstract

This Article discusses the way which facilitate M&A and theorize on the improvement of discrimination in domestic corporation. M&A have become indispensible tools in building a new generation of companies with the power and resources to compete on a global basis. While M&A have actually been around since the 1980s, They have in recent years dramatically transformed and redefined the business landscape. When done for the right reasons and in the right way, M&A can indeed be beneficial. They can increase overall efficiency and profitability in our economy by creating new value in the combined companies. The merged entities themselves stand to reap significant rewards in terms of more efficient production enhanced market coverage, technological advances, and better use of physical resources. Unfortunately, M&A have gotten a bad name as a result of the increasing prominence of corporate riders and hostile takeover attempts. Sometimes referred to as takeover artists, the raiders were in truth speculators whose activities were aimed not at building stronger, more efficiently managed companies, as they proclaimed, but at making mountains of quick money for themselves by breaking up and liquidating companies. Therefore we should activate good M&A, but permit target company managers to resist bad M&A.