Do Termination Provisions Truncate the Takeover Bidding Process?

We provide new evidence on termination provisions and the takeoverbidding process. Our central contribution is a novel databasefrom Securities and Exchange Commission (SEC) documents thataccurately measures the incidence of termination provisionsand the depth of competition in takeover deals. We show thatbiased data in prior research produced incorrect conclusionson the relation between termination provisions and judicialdecisions, bidder toeholds, and deal size. Our comprehensivedata also show that termination provisions are positively relatedto takeover competition. Our evidence is consistent with theinformation/commitment hypothesis in which termination provisionsdo not truncate bidding but instead culminate the takeover process.(JEL G34; K22; D44).