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Corporate Governance The Clayton Act

BCLP

Disconnecting Companies: DOJ and FTC Push for Broader Interlocking Directorate Liability

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On January 10, 2025, the Department of Justice and the Federal Trade Commission filed a statement of interest in Musk v. Altman, signaling a late push by the government to expand the scope of liability for interlocking...more

Perkins Coie

2025 Updates to HSR and Interlocking Directorate Thresholds

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The Federal Trade Commission (FTC) recently announced its annual adjustments to (1) the pre-merger notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), (2) the HSR Act filing...more

Vinson & Elkins LLP

Trump Likely to Shift FTC's Antitrust Stance on Energy Mergers

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The incoming Trump administration suggests a potential return to more traditional levels of antitrust enforcement for energy industry mergers and a departure from novel theories of harm seen under current Federal Trade...more

Vinson & Elkins LLP

DOJ Levels-Up Section 8 Enforcement: Gaming Company Director Resigns from Competitor’s Board in Response to DOJ Scrutiny

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On December 18, 2024, the Department of Justice (the “DOJ”) announced that Tencent Holdings Ltd. (“Tencent”) had removed two directors from the board of Epic Games, Inc. (“Epic”) and relinquished its right to unilaterally...more

Cohen & Gresser LLP

Battle Over ESG Investment Standards Intensifies

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Eleven attorneys general sue asset managers, alleging ESG investment standards raise coal prices and violate antitrust laws - The ideological battle over the role of Environmental, Social and Governance (ESG) investment...more

A&O Shearman

Antitrust in focus - November 2024

A&O Shearman on

New U.S. merger control filing forms to take effect in February 2025 - Following publication in the Federal Register, the new Hart-Scott-Rodino (HSR) premerger notification forms will become effective on February 10, 2025....more

DLA Piper

From Expert to Director: How to Navigate the Complexities and Scrutiny of Public Company Board Service

DLA Piper on

Becoming a first-time director of a public company is a goal not easily achieved and can represent a significant personal and professional accomplishment, giving an individual a platform to share their expertise to help a...more

Bradley Arant Boult Cummings LLP

FTC Announces 2024 Hart-Scott-Rodino Threshold and Filing Fee Adjustments

The Federal Trade Commission (FTC) has announced the annual revisions to the monetary thresholds that determine whether companies are required to notify federal antitrust authorities about a transaction under the...more

Sheppard Mullin Richter & Hampton LLP

Antitrust Enforcement Agencies Continue to Target Interlocking Directorate Arrangements

On August 16, 2023, the Federal Trade Commission (“the FTC”) marked its first enforcement action of the prohibitions on interlocking directorates under Section 8 of the Clayton Act in over 40 years. Section 8 prohibits an...more

Fenwick & West LLP

Tech Companies Bear the Brunt of DOJ Push on Interlocking Directorates

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The United States Department of Justice (DOJ) announced last week that directors at several technology companies have resigned as a consequence of the agency’s renewed focus on overlapping board membership between...more

Polsinelli

Clients Should Review Their Corporate Governance Compliance Guidelines in Light of Threatened Enforcement Action Against...

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In the government’s ongoing efforts to increase antitrust enforcement, Assistant Attorney General (“AAG”) Jonathan Kanter, head of the Department of Justice’s Antitrust Division (“DOJ”), opened up another front for clients to...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Summer 2021

The world is returning to work. An environmental activist fund won a quarter of Exxon's board seats. World leaders announced plans for a minimum corporate tax. This issue of The Informed Board provides insights for...more

Mintz - Securities & Capital Markets...

Is it Time to Appoint a New Director? Five Corporate Governance Considerations for Board Members

Regardless of size or industry, thoughtful director appointment is critical to the success of any public company. Yet following the departure of a director, many boards are left scrambling to locate and onboard a suitable...more

Dorsey & Whitney LLP

Increase in HSR Reportability Thresholds and Other HSR Developments

Dorsey & Whitney LLP on

On January 28, 2020, the Federal Trade Commission (FTC) announced the annual adjustment of the thresholds that trigger premerger reporting obligations (and the mandatory waiting period) under the Hart-Scott Rodino (HSR) Act,...more

BCLP

Federal Trade Commission Increases Interlocking Directorate Thresholds for 2019

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The Federal Trade Commission has published its annual revision of the interlocking directorate thresholds under Section 8 of the Clayton Act. The new, slightly higher thresholds are effective as of March 4, 2019....more

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