New DOJ Action on Interlocking Boards Highlights Intersection of Corporate Governance and Antitrust Law

• October 28, 2022

• Michael W. Peregrine , McDermott Will & Emery LLP
• Stephen Y. Wu , McDermott Will & Emery LLP

The intersection of corporate governance and antitrust laws was recently highlighted by the October 19, 2022 announcement of the Department of Justice (DOJ) that seven directors at five different companies have resigned from board positions in response to DOJ concerns that their service violated Section 8 of the Clayton Act’s prohibition on directors and officers serving simultaneously on the boards of competing corporations.