Supreme Court Reins in Federal Trade Commission’s Disgorgement Authority
By EsqSocial Corporation 26/04/21
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,...
By: Dechert LLP