Pub K
DOJ Antitrust Division Ramping Up Enforcement Efforts Against Interlocking Directorates
Skadden – In April 2022, Assistant Attorney General Jonathan Kanter of the Department of Justice’s Antitrust Division previewed the DOJ’s intent to more aggressively enforce the prohibition on interlocking directorates under Section 8 of the Clayton Act. During a speech to antitrust enforcers at an annual spring summit, AAG Kanter stated, “For too long, [DOJ] Section 8 enforcement has essentially been limited to our merger review process.” AAG Kanter indicated that, going forward, the DOJ would be “ramping up efforts to identify violations across the broader economy” and that it “will not hesitate to bring Section 8 cases to break up interlocking directorates.” The DOJ is now making good on that promise.