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Dealbreaker (English deal = business and ton BREAK = break) is a term from the range Mergers & Acquisitions (M&A), thus the assumption and/or fusion of enterprises. Hereby from view of a party circumstances are designated, which will lead in the further process of the negotiations with non-agreement and/or of circumstances in the sense of the party to an abort of the negotiations. Such circumstances to find and designate is task of the Due Diligence. Generally to negotiate tries Dealbreaker first and to fix the solution in writing in an early phase of the business, e.g. in type character the OF Intent. The purchase price, because of which a Deal can still fail also in a late phase, is not ranked generally among the Dealbreakern.

Example: Enterprise A wants to buy a business from enterprise B, but in no case take over a certain delivery obligation (Dealbreaker 1) and likewise have a complete, unlimited liability by enterprise B for possible refuse dumps (Dealbreaker 2). Both points will be the subject of an early negotiation phase. A negotiation over a purchase price, in which both parties will take into consideration the solution to the Dealbreakern, makes no sense obvious before negotiation of these Dealbreaker.


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