Interlocking Directorates | Practical Law

Interlocking Directorates | Practical Law

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.

Interlocking Directorates

Practical Law Practice Note w-002-9202 (Approx. 20 pages)

Interlocking Directorates

by Practical Law Antitrust
MaintainedUSA (National/Federal)
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.