Net-Zero Transition and Divestments of Carbon-Intensive Assets

51 Pages Posted: 28 Apr 2023 Last revised: 30 May 2023

See all articles by Alperen Gözlügöl

Alperen Gözlügöl

London School of Economics - Law School

Wolf-Georg Ringe

University of Hamburg - Institute of Law and Economics; University of Oxford - Faculty of Law; European Corporate Governance Institute (ECGI)

Date Written: April 1, 2023

Abstract

An unfamiliar term in the not-too-distant past, “net zero” has become a headline-maker in the business and financial world with the growing importance of climate change. Succumbing to increasing pressure, companies and financial institutions around the world have come to adopt net-zero transition plans and targets, pledging to hit certain emission-reduction targets in a long-term period. Moreover, regulators around the world have started to require the disclosure or adoption of net-zero transition plans and targets.

However, an unintended consequence of net-zero transition commitments has been the increased popularity of divestments. That is, many firms seeking to fulfill a net-zero plan are passing on carbon-intensive assets (i.e., oil, gas, and coal assets) to other firms that are likely to be non-committal to environmental goals or that operate under less pressure from investors, stakeholders, and regulators. Such divestments, technically mergers and acquisitions (M&A) transactions, present an ideal opportunity to improve a divesting firm’s environmental record and reach ambitious net-zero goals, creating the impression that an emission reduction has occurred. However, the key is how acquiring firms handle these assets. If they continue operating as before, there will not be an overall improvement for the global climate. Worse, such assets can be operated by new owners in a way that causes more emissions. In any case, such divestments undermine the credibility and value of net-zero ambitions by allowing firms to reach targets by simply divesting assets.

This article explores the reasons and motivations for divestments or, more broadly M&As of carbon-intensive assets and explains why the increased role of net-zero commitments can be undermined by those transactions. We provide some evidence to illustrate the landscape of such transactions and the concerns they give rise to. Lastly, we explore several policy options to address the problem.

Keywords: Net-zero transition, climate change, divestments, mergers and acquisitions, net-zero plans and targets, regulatory arbitrage, net-zero arbitrage

JEL Classification: G18, K22, K32

Suggested Citation

Gözlügöl, Alperen Afşin and Ringe, Wolf-Georg, Net-Zero Transition and Divestments of Carbon-Intensive Assets (April 1, 2023). European Corporate Governance Institute - Law Working Paper No. 706/2023, SAFE Working Paper No. 386, UC Davis Law Review, Vol. 56, No. 5, June 2023, Available at SSRN: https://ssrn.com/abstract=4431314 or http://dx.doi.org/10.2139/ssrn.4431314

Alperen Afşin Gözlügöl

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

Wolf-Georg Ringe (Contact Author)

University of Hamburg - Institute of Law and Economics ( email )

Alsterterrasse 1
Hamburg, 20354
Germany
+49 40 42838 7787 (Phone)

HOME PAGE: http://www.ile-hamburg.de

University of Oxford - Faculty of Law

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/people/wolf-georg-ringe

European Corporate Governance Institute (ECGI)

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

HOME PAGE: http://ecgi.global/users/wolf-georg-ringe

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
723
Abstract Views
2,058
Rank
75,185
PlumX Metrics