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Termination fees in a ‘bright line’ jurisdiction

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  • Larelle Chapple
  • Blake Christensen
  • Peter M. Clarkson

Abstract

We seek to statistically inform the debate regarding the Australian Takeovers Panel's ‘bright line’ policy towards break fees. Based on 313 takeovers from 2002 to 2006, 85 involving break fees, we find post‐bid competition to be unrelated to break fee usage and inversely related to bid success. We also find that break fee usage has a detrimental effect on shareholder wealth as measured by both the final bid premium and abnormal returns. Therefore, although break fees appear to be neither anticompetitive nor coercive within the Australian context, they do appear to have had a deleterious effect on shareholder wealth.

Suggested Citation

  • Larelle Chapple & Blake Christensen & Peter M. Clarkson, 2007. "Termination fees in a ‘bright line’ jurisdiction," Accounting and Finance, Accounting and Finance Association of Australia and New Zealand, vol. 47(4), pages 643-665, December.
    • Handle: RePEc:bla:acctfi:v:47:y:2007:i:4:p:643-665
    DOI: 10.1111/j.1467-629X.2007.00228.x
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    References listed on IDEAS

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    1. Betton, Sandra & Eckbo, B Espen, 2000. "Toeholds, Bid Jumps, and Expected Payoffs in Takeovers," The Review of Financial Studies, Society for Financial Studies, vol. 13(4), pages 841-882.
    2. Benjamin C. Ayers & Craig E. Lefanowicz & John R. Robinson, 2003. "Shareholder Taxes in Acquisition Premiums: The Effect of Capital Gains Taxation," Journal of Finance, American Finance Association, vol. 58(6), pages 2783-2801, December.
    3. Jarrell, Gregg A & Bradley, Michael, 1980. "The Economic Effects of Federal and State Regulations of Cash Tender Offers," Journal of Law and Economics, University of Chicago Press, vol. 23(2), pages 371-407, October.
    4. Jensen, Michael C. & Meckling, William H., 1976. "Theory of the firm: Managerial behavior, agency costs and ownership structure," Journal of Financial Economics, Elsevier, vol. 3(4), pages 305-360, October.
    5. Palepu, Krishna G., 1986. "Predicting takeover targets : A methodological and empirical analysis," Journal of Accounting and Economics, Elsevier, vol. 8(1), pages 3-35, March.
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    Cited by:

    1. Shams, Syed M.M. & Gunasekarage, Abeyratna & Colombage, Sisira R.N., 2013. "Does the organisational form of the target influence market reaction to acquisition announcements? Australian evidence," Pacific-Basin Finance Journal, Elsevier, vol. 24(C), pages 89-108.
    2. Larelle Chapple & Peter M. Clarkson & Jesse J. King, 2010. "Private equity bids in Australia: an exploratory study," Accounting and Finance, Accounting and Finance Association of Australia and New Zealand, vol. 50(1), pages 79-102, March.

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