The US FTC files a complaint against an undertaking seeking permanent injunctive relief and equitable relief, including monetary relief, for an anticompetitive scheme to preserve a monopoly for a drug (Vyera Pharmaceuticals / Martin Shkreli)

WILL THE SUPREME COURT LIMIT THE FTC’S USE OF SECTION 13(B) COURT ACTIONS?* The FTC’s authority to seek permanent injunctive relief and monetary relief under Section 13(b) of the FTC Act is being called into question. While more commonly used in consumer protection cases, Section 13(b) has been used by the FTC to seek injunctive relief and equitable relief in competition cases as well. Just this week, the FTC filed an antitrust complaint pursuant to Section 13(b) against Vyera Pharmaceuticals, LLC and “Pharma Bro” Martin Shkreli, seeking permanent injunctive relief and equitable relief, including monetary relief, for an alleged elaborate anticompetitive scheme to preserve a monopoly for the life-saving drug, Daraprim. Whether the FTC will be able to continue this practice is being