In Short The Situation: Overruling its precedent, the United States Court of Appeals for the Seventh Circuit held that the Federal Trade Commission ("FTC") may not seek restitution under FTC Act Section 13(b) because the statute, which permits the FTC to obtain injunctions, does not explicitly contemplate restitution. The Impact: This decision will limit the FTC's ability to collect monetary remedies for past conduct that violated antitrust or consumer protection laws. The FTC has obtained monetary remedies in amounts as high as $1.2 billion. Looking Ahead: The FTC has the option either to file a petition for certiorari with the Supreme Court to try to overturn this decision, or to restrict actions seeking monetary remedies under Section 13(b) to other circuits in the hope that
The US Court of Appeals for the Seventh Circuit denies the FTC’s authority to seek restitution (Credit Bureau)
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