Lisa Phelan spoke toLaw360about 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.