https://content.next.westlaw.com/practical-law/document/Ie15aa4fc58ca11e698dc8b09b4f043e0/Interlocking-Directorates?viewType=FullText&transitionType=Default&contextData=(sc.Default)A Practice Note providing an overview of antitrust violations that may be caused by interlocking directorates, including under Section 8 of the Clayton Act. Interlocking directorates occur where a person holds seats on the boards of two competing corporations. This Note discusses the elements of a Section 8 claim and exclusions and exceptions to Section 8, such as the one-year grace period and de minimis exemptions where competition between the companies is limited. This Note also discusses remedies for Section 8 violations, including injunctive relief and elimination of the interlock, and related enforcement actions.
A Practice Note providing an overview of antitrust violations that may be caused by interlocking directorates, including under Section 8 of the Clayton Act. Interlocking directorates occur where a person holds seats on the boards of two competing corporations. This Note discusses the elements of a Section 8 claim and exclusions and exceptions to Section 8, such as the one-year grace period and de minimis exemptions where competition between the companies is limited. This Note also discusses remedies for Section 8 violations, including injunctive relief and elimination of the interlock, and related enforcement actions.