News & Analysis as of

Interlocking Directorate The Clayton Act Enforcement Actions

Proskauer Rose LLP

FTC Focus: Interlocking Directorate Enforcement May Persist

Proskauer Rose LLP on

This article is part of a monthly column that considers the significance of recent Federal Trade Commission antitrust announcements. In this installment, we discuss what to expect from the Trump administration's approach to...more

Ropes & Gray LLP

FTC Announces Revised HSR Filing Fees, Thresholds, Penalties, and Interlocking Directorate Thresholds for 2025

Ropes & Gray LLP on

The Federal Trade Commission (“FTC”) announced the new filing fees, along with the annual adjustment to jurisdictional thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”), as amended. The filing...more

BCLP

Disconnecting Companies: DOJ and FTC Push for Broader Interlocking Directorate Liability

BCLP on

On January 10, 2025, the Department of Justice and the Federal Trade Commission filed a statement of interest in Musk v. Altman, signaling a late push by the government to expand the scope of liability for interlocking...more

King & Spalding

FTC and DOJ Announce New Enforcement Actions Against Interlocking Directorates

King & Spalding on

On August 16, 2023, the US Federal Trade Commission (“FTC”) brought its first enforcement action under Section 8 of the Clayton Act in 40 years. At the same time, the US Department of Justice’s Antitrust Division (“DOJ” and...more

Sheppard Mullin Richter & Hampton LLP

Antitrust Enforcement Agencies Continue to Target Interlocking Directorate Arrangements

On August 16, 2023, the Federal Trade Commission (“the FTC”) marked its first enforcement action of the prohibitions on interlocking directorates under Section 8 of the Clayton Act in over 40 years. Section 8 prohibits an...more

Faegre Drinker Biddle & Reath LLP

DOJ Continues “Vibrant Section 8 Enforcement” to Purge Companies of Potentially Anticompetitive Interlocking Directorates

In March 2023, the Department of Justice’s Antitrust Division (DOJ) announced that five additional directors have resigned from four corporate boards in response to the DOJ’s efforts to enforce prohibitions against so-called...more

Nutter McClennen & Fish LLP

Nutter Securities Enforcement Update: November 1, 2022

The Nutter Securities Enforcement Update is a periodic summary of noteworthy recent securities enforcement activity, settlements, decisions, and charges. ...more

Polsinelli

Promise Made, Promise Kept: The Justice Department Follows Through With Interlocking Directorate Enforcement

Polsinelli on

On October 19, 2022, the Antitrust Division of the Department of Justice (“DOJ”) issued a press release heralding the resignation of seven directors from ten companies’ boards of directors in response to the government’s...more

BCLP

Picking the Locks: Recent DOJ Enforcement of Clayton Act’s Prohibitions on Interlocking Directorates

BCLP on

The business community was put on notice last week after the Department of Justice (DOJ) announced the resignations of seven directors from five corporate boards following what DOJ called the “first in a broader review of...more

The Volkov Law Group

Antitrust Division Keeps on Pushing and Announces Initial Settlements of Potentially Illegal Interlocking Directorates

The Volkov Law Group on

The Antitrust Division announced last year that it intended to reinvigorate enforcement of Section 8 of the Clayton Act, which prohibits directors and officers serving simultaneously on the boards of competitors (with limited...more

McDermott Will & Emery

Seven Corporate Directors Resign: DOJ Ramps Enforcement Against Board Members Serving on Competitors’ Boards

McDermott Will & Emery on

WHAT HAPPENED - • Seven directors resigned from corporate boards following promises of enforcement of Clayton Act Section 8 (15 U.S.C. § 19) by the US Department of Justice (DOJ), Antitrust Division (the Division), the...more

Foley Hoag LLP

Justice Department Concerns Caused Seven Directors to Resign from the Boards of Five Public Companies

Foley Hoag LLP on

In the single largest enforcement event in the history of Section 8 of the Clayton Act, it was recently revealed that seven directors have resigned from the corporate boards of five public companies in response to the Justice...more

Goodwin

Board Interlocks On Antitrust Enforcement Hot Seat: A Must-Read Guide for Board Members and Officers

Goodwin on

Recent enforcement activity by the Department of Justice (that required restructuring a live transaction) and the Federal Trade Commission makes clear that enforcement of Section 8 of the Clayton Act, the prohibition against...more

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