Hurdles in MTN’s merger in Bharti Airtel

In the process of Bharti Airtel acquisition of MTN, a new hurdle has come. According to Indian regulatory rule foreign holding in a telecom company could not exceed 74%. As per sources MTN wants 50% of the deal should be done in cash and the rest through share-swap. In case Bharti pays $25 billion cash, it will have to issue fresh shares worth $25 billion to MTN shareholders to complete the deal. Bharti holds around 65% of the holding with foreign entities. If Bharti does the insurance of its fresh shares worth $25 billion to MTN’s shareholders then it will exceed the foreign holding in the join entity to 78% which is not against the Indian FDI norms
The merging is also facing a problem other than the above. As per African norms 20% of merged entity’s shareholding should be with black investors. But in this merger if cash component exceeds then proportion of black investors might go doen below statutory requirements.
The historic deal between Bharti and MTN is now in the hands of banker who can only make it ensure that the deal goes through without violating regulatory norms.