Companies should take a proactive approach as US antitrust agencies continue to enforce Section 8 of the Clayton Act.

The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) Antitrust Division (the Division) have concurrent authority to enforce Section 8 of the Clayton Act. Both US antitrust agencies have recently prioritized that law. Last year, we previewed the Division’s investigation of private equity (PE) sponsors in connection with potential interlocking directorates among portfolio companies.