Until last week, the U.S. Department of Justice had not sought to obtain disgorgement as a remedy in a civil Sherman Act case. In the antitrust lawsuit and settlement filed on February 22 in U.S. v. KeySpan, the Antitrust Division asks that the court approve a settlement requiring the defendant to pay $12 million, to disgorge its earnings from the anticompetitive arrangement DOJ has challenged. If approved, this will be the first use of disgorgement by DOJ in a civil antitrust action. KeySpan generates
The US DOJ seeks a new disgorgement remedy in a civil antitrust case (KeySpan)
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