Scm Corporation v. Federal Trade Commission

FEINBERG, Circuit Judge:

This petition by SCM Corporation to set aside an order of the Federal Trade Commission raises an issue of first impression in this court: Whether section 8 of the Clayton Act, regulating interlocking directorates, applies to corporations as well as to individual directors. We hold that it does, but because the FTC may have applied the wrong legal standard in entering a cease and desist order against SCM, we remand for further proceedings.

I

This proceeding grows out of the circumstance that from 1967 to 1975 Richard C. Bond was a member of the board of directors of both…