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ANTITRUST CHRONICLE - March 2023 - Interlocking

Antitrust Chronicle® – Interlocking

Dear Readers, Minority shareholdings and interlocking directorships between competitors are, and have always been, a widespread practice in certain industries. Given that, on their face,...
1-TRANSATLANTIC PERSPECTIVES ON INTERLOCKING DIRECTORATES By Florence Thépot

Transatlantic Perspectives On Interlocking Directorates

This article highlights the potential anticompetitive risks raised by interlocking directorates between competitors, as facilitating collusion, and possibly reducing the intensity of competition, especially...
2- THE PECULIAR CASE OF HORIZONTAL DIRECTORS By Yaron Nili

The Peculiar Case of Horizontal Directors

Directors wield increasing influence in corporate America, making pivotal decisions regarding corporate affairs and management. A robust literature recognizes directors’ important role and examines...
3- INTERPRETING COMPETITION IN INTERLOCKING DIRECTORATES: WHY THE 1990 AMENDMENTS MAY EXCLUDE THE BROADER APPLICATION OF SECTION 8 By Nandu Machiraju, Darley Maw & Daniel Gao

Interlocking Directorates Under Section 8 of The Clayton Act: Driving a...

The U.S. Department of Justice and Federal Trade Commission have recently announced an aggressive approach to enforcing Section 8 of the Clayton Act, which...

Interpreting Competition in Interlocking Directorates: Why The 1990 Amendments may Exclude...

Consistent with the Biden administration's push for vigorous antitrust law enforcement, enforcers have begun to employ Section 8 to target interlocking directorates.  Upon closer...
5-SECTION 8 INTERLOCKS: MANAGING INCREASING ENFORCEMENT CHALLENGES By William H. Rooney, Wesley R. Powell, Jeffrey B. Korn, Agathe M. Richard, E. Claire Brunner & Colin J. Lee

Section 8 Interlocks: Managing Increasing Enforcement Challenges

Section 8 of the Clayton Act prohibits interlocking directorates and officerships in various circumstances. In recent months, the Department of Justice has said that...
6- WHO IS A COMPETITOR UNDER SECTION 8? By Michelle Hale & Jake Philipoom

Who is a Competitor Under Section 8?

The Department of Justice Antitrust Division has recently been investigating public companies for possible violations of Section 8 of the Clayton Act, 15 U.S.C....
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