4.9 • 9 Ratings
🗓️ 2 December 2022
⏱️ 10 minutes
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0:00.0 | Hello there, great to see you again. |
0:12.4 | I hope you've made it to the end of the week in one piece |
0:14.7 | and that you're about to ease into a relaxing weekend. |
0:18.3 | This is Emlex's podcast, everything you need to know from the world of |
0:22.0 | regulatory affairs with the assistance of our reporters deeply embedded in the centres of regulatory |
0:28.3 | power all around the world. I'm James Panicki, a senior editor here at Emlex. Now, you don't |
0:34.5 | need to be in the market for Taylor Swift tickets to know that antitrust regulators in the US have come in for some criticism of late. |
0:42.3 | Nonetheless, there's some evidence to suggest that the Federal Trade Commission and the Antitrust Division of the Department of Justice are asserting themselves in relatively new ways. |
0:53.3 | For example, the DOJ is undertaking a review of |
0:56.8 | company boards. Why is that? I hear you ask. Well, the antitrust officials are digging deep |
1:02.9 | into the statute books to prevent the same people from sitting on boards of competing |
1:08.2 | companies. The assumption, of course, is that boardroom overlaps can |
1:12.3 | dampen competition and lead to potentially illegal exchanges of information. Our San Francisco-based |
1:19.7 | senior correspondent, Mike Acton, is exactly the kind of person you'd want to write a piece |
1:24.6 | of analysis on this issue, and luckily for us, he has done just |
1:29.3 | that. And he joins us now from our offices in the city by the bay. Mike, firstly, what is |
1:36.4 | Section 8 of the Clayton Act? And what do we need to know about how it works? So the Clayton |
1:42.5 | Act is one of the major federal antitrust laws, |
1:45.5 | and it was passed in 1914. And Section 8 basically applies to the question of people sitting |
1:53.2 | on the boards of competing companies. It prohibits individuals from sitting on the boards of |
1:58.3 | competitors, subject to certain sales thresholds, |
2:01.2 | and there are some exceptions for sectors like banking. |
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