The US FTC withdraws 2003 policy statement hinting at further use of disgorgement as a remedy

On July 31, 2012, by a four-to-one vote, the United States Federal Trade Commission ("the Commission") announced it was withdrawing the 2003 Policy Statement on Monetary Equitable Remedies in Competition Cases. In explaining its decision, the Commission expressed concern that "the practical effect of the [2003] Policy Statement was to create an overly restrictive view of the Commission's options for equitable remedies" and that this could give rise to an "unnecessary side issue in litigation" [1]. This decision was unexpected and the consequences are potentially far reaching for any company under the Commission's jurisdiction. The Commission has long been vested with authority to issue equitable remedies, such as monetary disgorgement. In the late 1990s and early 2000s, the

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Andrea Agathoklis Murino, The US FTC withdraws 2003 policy statement hinting at further use of disgorgement as a remedy, 31 July 2012, e-Competitions Bulletin US Private Enforcement, Art. N° 49036

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