Which is exactly what Data Domain did.

One consolation: NetApp (NTAP) may have failed as a suitor, but it received a $57 million breakup fee from Data Domain (DDUP) as a result of the termination of the agreement.

Still, it’s a tough blow for NetApp (NTAP), which will now focus on “existing growth opportunities” instead of ill-starred bidding wars with rivals.

Said Dan Warmenhoven, NetApp’s chairman and CEO: “While NetApp’s acquisition of Data Domain would have produced benefits for customers and employees and complemented NetApp’s existing growth trajectory, we remain highly confident in our already compelling strategic plan, market opportunities, and competitive strengths.”

“NetApp applies a disciplined approach to acquisitions, one focused intently on creating long-term value for our stockholders.” Warmerhoven added. “We therefore cannot justify engaging in an increasingly expensive and dilutive bidding war that would diminish the deal’s strategic and financial benefits. NetApp has established leadership positions in virtualized infrastructure, storage efficiency, and unified storage, even in these difficult economic times, by helping customers meet their business objectives with less physical storage while reducing costs. That commitment will not change. We look forward to continuing to build on our foundation of innovation and customer service, and to continuing to execute our successful growth strategy.”

[Image credit: despair.com]

This morning, EMC raised its offer for Data Domain to $2.1 billion from $1.8 billion, an 11 percent increase over its previous all-cash bid. Data Domain’s board had previously recommended that shareholders reject EMC’s $30-a-share cash bid in favor of a $30 cash-and-stock offer from NetApp (NTAP).

Hard to see the board doing so again now that the EMC (EMC) has sweetened the financial end of its proposal and removed some deal-protection provisions with which Data Domain (DDUP) had taken issue. With those gone, EMC’s bid is clearly superior to NetApp’s, CEO Joe Tucci claims, and it would be hard to argue otherwise.

“Over the past several weeks we’ve received strong support from many Data Domain stockholders and customers, validating our belief that EMC is Data Domain’s best choice,” Tucci wrote in a letter to Data Domain’s leadership. “With regulatory requirements now fulfilled, and in light of the clearly superior proposal we submitted to Data Domain’s Board of Directors today, we expect Data Domain to sign our definitive agreement that will deliver superior value in cash to the Data Domain stockholders in as little as two weeks.”

Data Domain has until midnight on July 17 to accept the offer.

UPDATE: NetApp responded to EMC’s announcement with the following statement:

“In response to EMC’s revised, unsolicited offer, the NetApp Board of Directors will carefully weigh its options, keeping in mind both its fiduciary duty to its stockholders and its disciplined acquisition strategy. We will provide an update shortly.”

On Monday the company once again said its bid for the data storage equipment maker Data Domain is “superior” to a competing offer from NetApp. This, despite the fact that Data Domain earlier in the day issued a statement recommending that shareholders reject EMC’s $30-a-share cash bid and instead accept a $30 cash-and-stock offer from NetApp.

“Our Board is committed to enhancing stockholder value and, after careful review with our outside advisors, determined that the $30 per share EMC Offer is not in the best interests of our stockholders at this time,” said Frank Slootman, president and CEO of Data Domain.

Why not? Well, among other things Data Domain hasn’t been able to discuss EMC’s offer because EMC hasn’t yet accepted the confidentiality and standstill agreement that would allow it to do so. For another, Data Domain must pay a $57 million termination fee if it should abandon its deal with NetApp–and that’s on top of a host of other considerable transaction expenses.

That’s understandable, I suppose. Still, it’s difficult to see why Data Domain insists that EMC’s all-cash offer is worth less than NetApp’s cash-and-paper bid. Unless it’s doing so to force EMC’s hand deeper into its wallet. And, indeed, that may be exactly what’s happening here. Sources say. EMC (EMC) could raise its offer to as much as $35 per share to win Data Domain (DDUP) or force NetApp (NTAP) to pay more than it can afford for it. “EMC is in the win-win box and NetApp is in the lose-lose box,” a source close to the company told Reuters. “EMC can pay more than NetApp can in a reasonable range. If NetApp wants to pay at an unreasonable range, that’s good for EMC.”

Apparently, Data Domain’s board did not find EMC’s offer to be the “win-win for both companies” that CEO Joe Tucci claimed. That said, its shareholders might. Apprised of the NetApp-Data Domain deal, EMC quickly issued a statement saying it plans go to the mat over this one. “EMC’s all-cash tender offer remains superior to NetApp’s proposed part-stock merger transaction,” Tucci said in a statement. “We are proceeding with our superior cash tender offer, which is not subject to any financing or due diligence contingency. We do not believe that the Data Domain stockholders will approve the merger transaction with NetApp. EMC urges the Board of Directors of Data Domain to not take any actions that would further impede a transaction that is a superior alternative for Data Domain’s shareholders.”

In short, NetApp’s stock is undervalued, so you’re getting a killer deal, and one free of regulatory scrutiny to boot. What’s not to like? Sadly for NetApp, it’s the $13.55 of its $30 a share bid offered in paper.

Data Domain shareholders are celebrating today. After market close Monday, EMC (EMC) made a $1.8 billion bid for the backup and disaster data recovery systems company, trumping the $1.5 billion NetApp (NTAP) offered for it in late May.

The bid values Data Domain (DDUP) at $30 a share–a 20 percent premium over NetApp’s rival proposal which itself represented nearly a 40 percent premium over Data Domain’s closing stock price of $17.91 on the day the bid was announced. Obviously, great news for anyone with Data Domain in their portfolio.

During a conference call, EMC CEO Joe Tucci called the company’s all-cash proposal “superior” to NetApp’s offer and “a win-win” for both companies. “We didn’t just wake up one day and say maybe this is a good thing to do,” he said. “We have had our eye on Data Domain and obviously somebody moved before we did.”

And while that somebody might have signed a binding agreement with Data Domain, it hasn’t yet won shareholder approval. Nor is it likely to. What investors in their right mind would argue for $25 per share in cash and stock over $30 in cash, especially when the latter really requires no due diligence?

Incidentally, shares in Data Domain are up more than 18 percent at $31.21 this morning.

Shares of the deteriorating Internet company slipped on news of the impending announcement, falling more than two percent to $11.96. Earlier in the day, they’d been trading at $12.79.

Clearly, Bartz’s appointment doesn’t appear to be inspiring much confidence in investors–at least at the outset. Perhaps all her enterprise experience is proving a bit of a turnoff. Ten years as vice president at Sun Microsystems (JAVA). Board seats at Intel (INTC), Cisco Systems (CSCO), and NetApp (NTAP). Where’s the Internet experience? Where’s Steve Jobs? Surely he could right this sinking ship.

“She was an inoffensive, but largely unexciting candidate–someone who would be a steady hand at the wheel–but investors were hoping for a lot more than that,” Jeff Lindsay, an analyst at Sanford C. Bernstein in New York, told Bloomberg. “She’s undoubtedly a competent and able executive. The problem is, is she the right fit for the job?”

Likely a better fit than Jerry Yang. And that’s a start, right? Oh, there’s this as well: When Bartz started at Autodesk it had revenues of $285 million. Today it generates about $1.5 billion.

Says Needham analyst Mark May:

If the reports are accurate, our initial reaction is that we view Bartz as a good choice because:

Of course, there is more we’d like to see/hear before making our final determination, such as i) what’s Bartz’s strategy/vision; ii) will current President Sue Decker resign; iii) will Bartz hire a strong #2 w/ new media experience; and, iv) will Chairman Roy Bostock resign. That said, our initial reaction to the possibility of Bartz being named Yahoo!’s new CEO is favorable.