de minimis
grace-period
resignation
penalty
How a Section 8 interlock becomes a DOJ case
One director on two competing boards can form a per se Section 8 violation, which the agency finds and inquires over, resolving either by quiet resignation or civil penalty.
one seat on two boards
Company A
competing board
Company B
competing board
shared seat
Section 8 gate
size + overlap
per se violation
Grace-period hook
older seat + later
overlap flips it
later overlap
Agency finds
the interlock
proactive
HSR filings
tips
other probes
Inquiry opens
de minimis
dominant route
Director resigns
dissolves the interlock
no admission of liability
Civil penalty
per violation, per seat
plus injunction
No violation
de minimis: 2% / 4%
History's dominant end is quiet resignation, not a headline trial