Tencent Removes Two Directors from Epic Games and Relinquishes Its Right to Unilaterally Appoint Directors or Observers in Response to Justice Department Scrutiny

The Justice Department announced today that two directors of Epic Games Inc. (Epic), who had been appointed by Tencent Holdings Ltd. (Tencent), resigned from the Epic board after the Antitrust Division expressed concerns that their positions on both the Epic and Tencent boards violated Section 8 of the Clayton Act. Tencent owns a minority interest in Epic. The interlock was created because Tencent also is the parent company of a gaming competitor to Epic, Riot Games Inc. Tencent also decided to amend its shareholder agreement with Epic to relinquish its unilateral right to appoint directors or observers to the Epic board in the future. This is the latest of the division’s ongoing Section 8 enforcement efforts, which to date have unwound or prevented interlocks involving at least two dozen companies.

“Scrutiny around interlocking directorates continues to be an enforcement priority for the Antitrust Division,” said Deputy Director of Civil Enforcement Miriam R. Vishio of the Justice Department’s Antitrust Division. “Due to the hard work of our tremendous staff, our increased enforcement around Section 8 over the last few years has achieved substantial results and become part of our fabric.”

Section 8, which Congress made a per se violation of the antitrust laws, prohibits directors and officers from serving simultaneously on the boards of competitors, subject to limited exceptions. No company or individual has admitted to liability in connection with this investigation. The division will continue to monitor the industry, and other industries, for violations of the antitrust laws, including Section 8.

Tencent is one of the largest multimedia and video game companies in the world. It is incorporated and domiciled in the Cayman Islands and has its headquarters in Shenzhen, China. Tencent owns Riot, is a minority shareholder in Epic and has equity investments in other video game and media companies.

Epic is a privately held video game and software developer and publisher based in Cary, North Carolina.

Riot is an American video game developer, publisher, and esports tournament organizer with headquarters in Los Angeles.

Anyone with information about potential interlocking directorates or any other potential violations of the antitrust laws is encouraged to contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or antitrust.complaints@usdoj.gov.