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ANTITRUST CHRONICLE - March 2023 - Interlocking

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,...
1-TRANSATLANTIC PERSPECTIVES ON INTERLOCKING DIRECTORATES By Florence Thépot

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...
2- THE PECULIAR CASE OF HORIZONTAL DIRECTORS By Yaron Nili

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...
3- INTERPRETING COMPETITION IN INTERLOCKING DIRECTORATES: WHY THE 1990 AMENDMENTS MAY EXCLUDE THE BROADER APPLICATION OF SECTION 8 By Nandu Machiraju, Darley Maw & Daniel Gao

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...
5-SECTION 8 INTERLOCKS: MANAGING INCREASING ENFORCEMENT CHALLENGES By William H. Rooney, Wesley R. Powell, Jeffrey B. Korn, Agathe M. Richard, E. Claire Brunner & Colin J. Lee

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...
HOW TO BAKE CYBERSECURITY REGULATIONS: INGREDIENTS FOR BETTER RESULTS By Michael Daniels

How to Bake Cybersecurity Regulations: Ingredients for Better Results

In most countries and economic sectors, organizations have traditionally faced few cybersecurity regulations. However, as the cybersecurity threat has worsened and the dependence on...
REGULATING CYBERSECURITY By Bénédicte Schmitt

Regulating Cybersecurity

With the increasing dependence of our societies on computer systems and the Internet, and the explosion of so-called "smart" and connected devices, cybersecurity is...
Robinson-Patman Redux: A Visit to Falls City

Robinson-Patman Redux: A Visit to Falls City

By Richard M. Steuer1   The Robinson-Patman Act is attracting growing attention as a tonic for small businesses. Created during the Great Depression, the Act has...
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Trends in Gun-Jumping: CCI on a Gun-Jumping Spree

By Anisha Chand & Siddharth Bagul1   With the expansion of the Indian economy, and as corporate transactions come back to pre-Covid levels, the Indian competition...
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