The US DoJ continues to ramp up enforcement against interlocking directorates in its latest move forcing two individuals to resign board positions on a social media platform (Pinterest / Nextdoor)

In brief The US Federal Trade Commission (FTC) and the US Department of Justice Antitrust Division (DOJ) (together "Agencies") each have recently taken enforcement actions that demonstrate renewed attention on interlocking directorates (in which individuals simultaneously serve as directors on the boards of competing companies). Interlocking directorates are prohibited under Section 8 of the Clayton Act unless one of its de minimis exceptions applies. Those exceptions are dependent upon the volume of revenues derived from products sold by the operative companies in competition with one another. On August 16, 2023, the DOJ announced that two Pinterest directors had resigned from their positions on the Nextdoor Board of Directors in response to DOJ action. [1] On the same day, the FTC