In a unanimous 9-0 decision authored by Justice Breyer, the US Supreme Court has held that the Federal Trade Commission (FTC) lacks the authority to seek equitable monetary relief in cases brought in federal court under FTC Act Section 13(b). The Court’s April 22, 2021, decision in AMG Capital Management, LLC v. Federal Trade Commission has significant implications for the FTC and for the companies and industries whose practices the FTC challenges. FTC Act Section 13(b) expressly empowers the FTC to seek injunctive relief in federal district court for violations of FTC Act Section 5. For decades, however, the FTC has pursued—and often recovered—monetary relief in addition to injunctive relief. This recovery of monetary relief has been a cornerstone of the FTC’s enforcement agenda. The
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