DOJ’s probe into Andreessen Horowitz over board seats baffles VCs

Such conflicts can be resolved by having a partner step down from one of the boards. However, because Databricks and Fivetran have different individuals from the same VC firm on their boards, a16z can institute a so-called Chinese wall between Horowitz and Casado, which would prevent the two partners from sharing confidential information about the two companies with each other, one investor said.

The investigation invokes Section 8 of the Clayton Act, a 112-year-old law stating that an individual or entity is barred from serving on the boards of competing companies. Since regulators have rarely targeted venture capital with this rule, the industry is watching the DOJ’s probe closely. If a16z is forced to surrender a seat, founders may place less value on board commitments from top-tier VCs, given that those investors might be forced to step down if a portfolio overlap creates a future conflict.

a16z did not immediately respond to our request for comment, nor did it respond to Bloomberg. Databricks and DOJ declined comment.