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#248 Are You on Board With Section 8? A New Era of Enforcement Against Interlocking Directorates

#248 Are You on Board With Section 8? A New Era of Enforcement Against Interlocking Directorates

FromOur Curious Amalgam


#248 Are You on Board With Section 8? A New Era of Enforcement Against Interlocking Directorates

FromOur Curious Amalgam

ratings:
Length:
25 minutes
Released:
Nov 20, 2023
Format:
Podcast episode

Description

For decades, Section 8 of the Clayton Act--which prohibits two competing corporations from sharing a common director--was rarely enforced by the U.S. antitrust agencies, and corporations were for the most part left to regulate themselves. In this episode, Alicia Downey and Sergei Zaslavsky talk to antitrust practitioner Diane Hazel about how the U.S. Department of Justice and the Federal Trade Commission have recently been focusing a lot more attention on identifying Section 8 violations based on an expansive view of the scope of the statute. Listen to this episode to learn about recent enforcement trends and what companies can do to avoid potentially unlawful interlocking directorates. With special guest: Diane Hazel, Foley & Lardner LLP Related Links: Benjamin R. Dryden, Diane Hazel & Richard L. Flannery, An Analysis of the “Deputization” Theory of Section 8 of the Clayton Act, Antitrust Source (August 31, 2023) Diane Hazel, Richard L. Flannery & Benjamin R. Dryden, How To Assess Interlocking Directorates In Antitrust Ramp-Up, Law 360 (October 25, 2022) ABA Antitrust Law Section, Interlocking Directorates Handbook (2011) Hosted by: Alicia Downey, Downey Law LLC and Sergei Zaslavsky, O'Melveny & Myers LLP
Released:
Nov 20, 2023
Format:
Podcast episode

Titles in the series (100)

Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.