Interlocking Directorates Under Section 8 of the Clayton Act: Can an Old Statute Learn New Tricks?

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Department of Justice Antitrust Division leader Assistant Attorney General Jonathan Kanter recently stated that “[w]e are ramping up efforts to identify [Section 8 of the Clayton Act] violations across the broader economy and we will not hesitate to bring Section 8 cases to break up interlocking directorates.” This note provides insights on what Section 8 does provide, how its boundaries might be tested, and what companies and individuals serving on corporate boards should keep in mind.