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ARTICLE · 11 NOVEMBER 2026

Competition Matters: VC Scrutiny, Interlocking Directorates, Algorithmic Pricing & More

Cohen & Gresser LLP
Cohen & Gresser LLP
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Cohen & Gresser LLP

Cohen & Gresser LLP

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The Department of Justice is intensifying its examination of venture capital firms and their portfolio companies for potential antitrust violations under Clayton Act Section 8, particularly focusing on situations where VC representatives simultaneously hold board positions at competing companies. This newsletter explores the implications of this heightened scrutiny for investors and startups, alongside recent enforcement actions and policy updates from federal antitrust authorities.

United StatesAntitrust/Competition Law
Melissa Maxman
Melissa Maxman
Andrew G. Berg
Andrew G. Berg
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Competition Matters is a recurring newsletter for clients and friends of Cohen & Gresser analyzing in depth an issue of current focus and summarizing recent public developments in the antitrust and competition areas at the Federal Trade Commission and the Department of Justice. Our goal is to highlight issues of significant recent practice interest in an informative and readable manner.

In this edition:

In-Depth: A closer look at DOJ’s increasing scrutiny of venture capital firms and their portfolio companies for potential Clayton Act Section 8 violations, particularly where VC representatives hold board seats at competing companies.

Recent Developments: The latest antitrust developments from the FTC and DOJ, including enforcement actions involving loyalty programs and interlocking directorates, updates to the Second Request process, healthcare consolidation, Google’s ad tech remedies, and algorithmic pricing.

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