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Antitrust & Trade Reg.

Apr. 17, 2024

Don’t get caught behind the Section 8 ball

Section 8 of the Clayton Act, a key US antitrust law, prohibits interlocking directorates between competing corporations, but most antitrust lawyers pay little attention to it. Recent actions and speeches by the Department of Justice suggest companies, and legal counsel, should pay closer attention to it.

Steven Cernak

Partner, Bona Law PC

Luis Blanquez

Partner, BonaLaw PC

Shutterstock

Section 8 of the Clayton Act, one of the key US antitrust laws, prohibits certain interlocking directorates between competing corporations. But while the prohibition has been around since 1914, most antitrust lawyers pay little attention to it. That inattention might be because there have been few actions. Also, companies can quickly resolve any issues voluntarily. Recent actions and speeches by the Department of Justice (DOJ), however, suggest companies should pay c...

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