FTC Investigates Whether Apple and Google Have Illegally Interlocked Their Boards

Antitrust Update

On August 3, 2009, Apple announced that Google CEO Eric Schmidt would voluntarily resign from Apple’s board of directors. Schmidt’s resignation occurred against the backdrop of an ongoing Federal Trade Commission investigation into whether Apple and Google have violated Section 8 of the Clayton Act, which prohibits an individual from serving as a director or officer of two or more competitor corporations under certain conditions. The FTC's investigation is yet another recent indication of stepped-up federal antitrust enforcement.