On Wednesday, October 19, 2022, the Department of Justice Antitrust Division (DOJ) announced that seven directors resigned from their board positions because of DOJ’s concerns that holding the positions violated the Clayton Act’s prohibition on interlocking directorates.  Discussed more fully below, Clayton Act Section 8 generally prohibits a person from sitting on the boards of two competing companies. Although the interlocking-directorate prohibition has existed since 1914, government challenges to interlocking directorates have been historically rare and largely limited to the merger-review context. Perhaps the most high-profile enforcement action outside the context of a merger review occurred in 2009 when Eric Schmidt—Google’s then-CEO—resigned from Apple’s board and Arthur
Access to this article is restricted to subscribers
Already Subscribed? Sign-in
Access to this article is restricted to subscribers.
Read one article for free
Sign-up to read this article for free and discover our services.