Tag: Clayton Act
Antitrust Chronicle® – Interlocking
Dear Readers,
Minority shareholdings and interlocking directorships between competitors are, and have always been, a widespread practice in certain industries. Given that, on their face,...
Transatlantic Perspectives On Interlocking Directorates
This article highlights the potential anticompetitive risks raised by interlocking directorates between competitors, as facilitating collusion, and possibly reducing the intensity of competition, especially...
The Peculiar Case of Horizontal Directors
Directors wield increasing influence in corporate America, making pivotal decisions regarding corporate affairs and management. A robust literature recognizes directors’ important role and examines...
Interlocking Directorates Under Section 8 of The Clayton Act: Driving a...
The U.S. Department of Justice and Federal Trade Commission have recently announced an aggressive approach to enforcing Section 8 of the Clayton Act, which...
Interpreting Competition in Interlocking Directorates: Why The 1990 Amendments may Exclude...
Consistent with the Biden administration's push for vigorous antitrust law enforcement, enforcers have begun to employ Section 8 to target interlocking directorates. Upon closer...
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...
Who is a Competitor Under Section 8?
The Department of Justice Antitrust Division has recently been investigating public companies for possible violations of Section 8 of the Clayton Act, 15 U.S.C....
Ending Monopolization Via Mergers: How and Why to Restore Legislative Intent...
Mergers have been a persistent tactic by which powerful companies grow their power and monopolize markets. In passing and amending the Clayton Act, Congress...
Reevaluating Out-of-Market Efficiencies in Antitrust
By John M. Yun (George Mason University)
Antitrust analyses relegate efficiencies to a second-class status. Not only are they often an after-thought when assessing conduct...
Legal Aspects of Pricing
Posted by Social Science Research Network
Legal Aspects of Pricing
By Jordan Kelner
Abstract: This technical note explores some of the legal implications that companies...
