Antitrust In The Spotlight: Key Updates From The FTC And DOJ

Cadwalader counsel Bilal Sayyed has recently authored two Client &Friends Memos discussing notable shifts in antitrust enforcement from the Federal Trade Commission and Department of Justice.

• FTC & DOJ: Board Observers Are Subject to the Antitrust Laws' Prohibition on Interlocking Directorates

The Department of Justice and the Federal Trade Commission have been active recently in identifying and achieving remediation of interlocks that may violate Section 8 of the Clayton Act and/or Section 5 of the Federal Trade Commission Act. In a recent joint DOJ and FTC "statement of interest," the agencies argue that the prohibitions of Section 8 and Section 5 apply toboard observersand not only officers and directors.