The US Supreme Court rules that the FTC does not have authority under Section 13(b) of the FTC Act to seek disgorgement or restitution from defendants (AMG Capital Management)

The Supreme Court has ruled that the Federal Trade Commission (FTC) does not have authority under Section 13(b) of the FTC Act to seek disgorgement or restitution from defendants. The agency has increasingly relied on this authority to seek monetary penalties from defendants in antitrust cases, and the FTC’s desire to obtain such monetary remedies has influenced the FTC to bring cases in federal district courts instead of in administrative proceedings at the Commission. Following the decision, the Acting FTC Chair urged Congress to provide the agency with monetary remedies no longer available under 13(b). [1] Key takeaways The FTC can no longer rely on Section 13(b) of the FTC Act to pursue disgorgement or

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Gregory P. Luib, James A. Fishkin, George G. Gordon, The US Supreme Court rules that the FTC does not have authority under Section 13(b) of the FTC Act to seek disgorgement or restitution from defendants (AMG Capital Management), 22 April 2021, e-Competitions April 2021, Art. N° 100678

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