The Federal Trade Commission, which under the Biden administration has been highly skeptical of mergers, has sent shock waves through the dealmaking community by recently using a long-ignored provision of a federal antitrust law to force drastic changes to a $5.2 billion natural-gas-industry deal.
The agency flexed its regulatory muscle by citing the Clayton Act’s Section 8, which bars competing companies from having a person serve as a director of both, an arrangement known as an “interlocking directorate.” It was the first time in 40 years the FTC had invoked Section 8.

Federal Trade Commission members say they are skeptical of a web of relationships among players in Appalachia’s oil-and-gas industry. Credit: muratart/Adobe Stock
