What do you think is the purpose of Section 8's prohibition on interlocking directorates?  Do you agree with the purpose, or do you think that the “per se” prohibition (subject to the de-minimis exemptions) is too restrictive? Could the goals of the prohibition be obtained in some other way – would a prohibition on only “anticompetitive” interlocks be a better approach?

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What do you think is the purpose of Section 8's prohibition on interlocking directorates?  Do you agree with the purpose, or do you think that the “per se” prohibition (subject to the de-minimis exemptions) is too restrictive? Could the goals of the prohibition be obtained in some other way – would a prohibition on only “anticompetitive” interlocks be a better approach?

 

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