RE: We need to know what is going on.24 May 2021 15:13
>> the NDA would cover the negotiations themselves, who they were with, the assets under discussion etc, NOT some critical bit of company data
That hasn't been my experience. In the M&As in which I have been involved, the NDAs covered the detailed discussion of existing company finances, projects, etc, and detailed projections of future performance. In fact, far more detail than we would give shareholders even without M&A discussions.
As an example, in 2015, I did a three hour detailed presentation to a FTSE 250 company we were considering buying. This included a LOT of detail for our own business. I was presenting to senior directors, along with their lawyers and KPMG (acting as advisor for them). Then I spent a long time answering whatever questions they came up with. The reverse process also took place. There is no way we would have done that for our own general shareholders, unless they were large enough to have board representation.
If news of those negotiations was revealed, it would have a significant impact on both share prices, which is why it was so important to maintain secrecy until we had an agreed position. In the end, we decided not to buy them so apart from a relatively small group of people, no one knows that the negotiations even happened.