The US Federal Trade Commission (FTC) and the US Department of Justice Antitrust Division (DOJ) (together “Agencies”) each have recently taken enforcement actions that demonstrate renewed attention on interlocking directorates (in which individuals simultaneously serve as directors on the boards of competing companies). Interlocking directorates are prohibited under Section 8 of the Clayton Act unless one of its de minimis exceptions applies. Those exceptions are dependent upon the volume of revenues derived from products sold by the operative companies in competition with one another.
Courtney DeVore is an Associate in Baker McKenzie’s Antitrust & Competition Practice Group in Washington, DC. She represents clients in a wide variety of antitrust matters. Courtney previously worked as a Summer Associate at Baker McKenzie in 2019 and 2020. She worked on antitrust and commercial litigation projects in federal and state courts across the United States. During law school, Courtney served as Editor in Chief of the Vanderbilt Journal of Transnational Law. She also worked as a research assistant for Professor Kevin Stack, focused on Election Law, and Professor J.B. Ruhl, researching environmental law. Additionally, she competed on Vanderbilt’s ABA Moot Court team.