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ARTICLE · 01 JULY 2021

DOJ Requires Directors To Resign From Board To Mitigate Interlock Concerns

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The Department of Justice announced on June 21 that two executives at Endeavor Group Holdings Inc. had resigned their positions as directors of Live Nation Entertainment Inc. to mitigate antitrust concerns.

United StatesAntitrust/Competition Law
Francesca Pisano
Francesca Pisano
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The Department of Justice announced on June 21 that two executives at Endeavor Group Holdings Inc. had resigned their positions as directors of Live Nation Entertainment Inc. to mitigate antitrust concerns. 1 DOJ alleged that the two individuals' simultaneous service as Live Nation directors and Endeavor executives violated Clayton Act Section 8, which prohibits, subject to certain exceptions, a person from serving "as a director or officer in any two corporations . . . that are . . . competitors. . . ." 2 

This action underscores the potential Section 8 risks in choosing directors and the need to maintain an effective antitrust compliance program that takes into account issues that might arise from interlocking board service.

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