On the Regulation of Termination Fees A Comparative and European approach
Promovendus: Dhr. J.L. Wetzel
Promotores: Mw. Prof.Dr. H.E.G.S. Schneider, Mw. Prof. M. Olaerts
Duur: 1/7/2012 - 31/12/2016
Promotie: Maastricht, 16/12/2016
The thesis is about termination fees and the working title of the thesis is On the Regulation of Termination Fees A Comparative and European approach. Termination fees in the context of an aborted M&A transaction are fees paid as a result of the transaction being aborted by one party to the transaction to the other. Standard Termination Fees are paid by the (unsuccessful) seller to the (unsuccessful) buyer; Reverse Termination Fees are paid by the (unsuccessful) buyer to the (unsuccessful) seller. I analyse the reasons for parties agreeing to Standard Termination Fees and Reverse Termination Fees, as well as their regulation in the UK, the Netherlands and Germany. I also discuss how termination fees should be regulated and whether there is a role for harmonisation across the EU to bring about such optimal regulation.