It is Wednesday when David Degen leaves his car in Pratteln BL in front of Bernhard Burgener’s headquarters and is photographed. “Is Degen buying FC Basel here?” Headlines nau.ch. And on Instagram Degen writes: “I will do everything I can to get FCB back to old strength.”
David Degen exercised his right of first refusal and submitted an offer to buy FC Basel for CHF 16.4 million. Is he taking over the club now? It is not that easy. On Monday, the holding’s board of directors, together with the two Burgener confidants Karli Odermatt and Peter von Büren, decided on the offer – the board members Burgener and Degen would have to go on strike because of bias, it said. But in this point there are – as in x other points – different legal interpretations. And thus a number of possibilities how things could go on at FCB. BLICK explains it.
Possibility Number 1: The VR waves Degen’s offer through. Bernhard Burgener takes the money and withdraws. Degen is convinced that he has done everything to buy the club – so it can be heard from his environment. Rather unlikely.
Option 2: The VR rejects Degen’s offer, he accepts it and has it paid out. Very unlikely.
Option 3: The VR rejects Degen’s offer because the offer from Burgener and Centricus is classified as better for FCB. In addition to the purchase price of 16.4 million francs, an additional 200 million francs investments are in prospect. The likely consequence of a rejection of the board of directors: Years of litigation with Degen. That would keep everything the same – and the question is whether Centricus or its offer would be maintained for years. The most likely variant.
Option 4: Burgener and Degen work together – and get the Centricus money on board together. The compromise could be that Burgener takes over the economic and Degen the sporty side. But even this does not seem very likely, because a lot of human dishes were smashed on both sides.
Legally there are different views
Opinions are divided on this: It is clear to Degen that his purchase offer is sufficient to exercise the right of first refusal, the board of directors does not have to assess an overall package. The «Basler Zeitung» quoted the Code of Obligations. Only there is obviously room for legal interpretation.
Only one thing is clear: there are hot days in Basel.
Published: 25.03.2021, 5:03 p.m.
Last updated: 25.03.2021, 5:06 p.m.
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Takeover Basel David Degen purchase offer legal dispute threatens