Section 8 Interlocks: Managing Increasing Enforcement Challenges

Section 8 of the Clayton Act prohibits interlocking directorates and officerships in various circumstances. In recent months, the Department of Justice has said that it will ramp up efforts to investigate what it considers to be anticompetitive board overlaps in various industries. We can expect the Federal Trade Commission to follow suit in the current enforcement environment.  In light of these recent developments, we explore below some ambiguities that exist in the application of Section