Cadwalader counsel Bilal Sayyed has recently authored two Client &Friends Memos discussing notable shifts in antitrust enforcement from the Federal Trade Commission and Department of Justice.
The Department of Justice and the Federal Trade Commission have been active recently in identifying and achieving remediation of interlocks that may violate Section 8 of the Clayton Act and/or Section 5 of the Federal Trade Commission Act. In a recent joint DOJ and FTC "statement of interest," the agencies argue that the prohibitions of Section 8 and Section 5 apply toboard observersand not only officers and directors.
Two working days before the inauguration of President Trump, the federal antitrust agencies have withdrawn the Antitrust Guidance for Human Resource Professionals (2016) ("Guidance Document"),and issued Antitrust Guidelines for Business Activities Affecting Workers (2025) ("Guidelines").
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