Biz Board Overlap a Low-Hanging Fruit Ripe for More Cases

Lisa Phelan spoke to Law360 about the U.S. Department of Justice (DOJ) Antitrust Division announcing the pressured resignations of seven board members across 10 companies in an effort to “reinvigorate” Section 8 of the Clayton Act.

Violations of Section 8 “can be established quite quickly and definitively,” said Lisa, who added: “It’s pretty low cost for DOJ to establish.”

Alleged violations can only be addressed with injunctive relief requiring separation. When companies are faced with a DOJ pressure campaign, “most companies are going to proactively choose to remedy” through resignations, Lisa said.

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