Topic
Interlocking Directorates
24 published works
Antitrust & Competition Blog
DOJ Reinvigorates Scrutiny of Interlocking Directorates
By Damon Kalt, Sean Aasen
Last month, the U.S. Department of Justice’s (DOJ) Antitrust Division announced that seven directors from the boards of five companies resigned in response to concerns that the directors’ roles violated…
Public Company Advisory Blog
Clayton Act Questions for D&O Questionnaires
By Sean M. Donahue|John O. Newell
Given the increased level of enforcement of Section 8 of the Clayton Act, we recommend that public companies include questions addressing potential Clayton Act issues in their D&O Questionnaires. Set…
Public Chatter
Word on the Street: DOJ Issuing Inquiries Into Director Interlocks
By Shylah Alfonso, Christopher Williams
In April, Assistant Attorney General Jonathan Kanter noted in a speech that the DOJ’s enforcement of Section 8 of the Clayton Act (which prohibits interlocking directorates) would not be limited…
Labor & Employment Law Perspectives
Okay with Your Officer Serving on Another Company’s Board? The FTC May Not Be.
Have you heard of the antitrust prohibition against “interlocking”? The terminology may be confusing, but the concept is simple: No person who serves as an officer or director of one…
The Antitrust Attorney Blog
Is it Time for Antitrust Lawyers to Pay Attention to Interlocking Directorates and Section 8 of the Clayton Act?
By Bona Law PC
Authors: Steven Cernak and Luis Blanquez Section 8 of the Clayton Act prohibits certain interlocking directorates between competing corporations. But while the prohibition has been around since 1914, most antitrust…
Cannabis Law Now
Illinois Cannabis Companies Face Alleged Antitrust Violation Regarding Interlocking Boards
By Wendy Arends, Mark Tobey, Julia Banegas
A group of Illinois cannabis companies face an antitrust lawsuit alleging that they maintained illegal interlocking directorates. An interlocking directorate is where a person from one company serves as an…
Retail & Consumer Products Law Observer
FTC Updates (January 24–28, 2022)
By Tiffany Aguiar, Kari Ferver, Lauren B. Aronson
Monday, January 24, 2022 Bureau of Competition: Premerger Notification Filings The FTC announced the 2022 updates on the size of transactional thresholds for premerger notification filings and interlocking directorates. The…
Covington Competition
FTC Announces New Higher HSR Filing and Interlocking Directorate Thresholds, Higher Civil Penalties
By James R. Dean Jr., Ross Demain, Jim O’Connell, Stacy Kobrick
Yesterday, the Federal Trade Commission (“FTC”) published revised thresholds for the Hart-Scott-Rodino (“HSR”) Act, which will take effect on February 23, 2022. Earlier, the FTC also announced new thresholds for…
Energy Law Blog
FERC Order No. 856-A Clarifies Regulations Regarding Interlocking Directorates of Public Utilities and Certain Other Entities
By Mark Sundback, Jared Wachtler
The Federal Energy Regulatory Commission in Order No. 856-A on July 18, 2019 granted in part and denied in part a request for rehearing of Order No. 856. Order No.…
Real Estate, Land Use & Environmental Law Blog
FERC Order No. 856-A Clarifies Regulations Regarding Interlocking Directorates of Public Utilities and Certain Other Entities
By Jared Wachtler, Mark Sundback
The Federal Energy Regulatory Commission in Order No. 856-A on July 18, 2019 granted in part and denied in part a request for rehearing of Order No. 856. Order No.…