The Supreme Court heard oral arguments in
AMG Capital Management v. FTC, a case in which the Court will decide whether the Federal Trade Commission (FTC or Commission) is able to obtain equitable monetary relief when it sues in federal court under Section 13(b) of the FTC Act. As we previewed last summer, the Supreme Court granted certiorari to consider this question in two consolidated cases: (i)
AMG Capital Management, out of the Ninth Circuit, and (ii)
FTC v. Credit Bureau Center, out of the Seventh Circuit. In November, the Court issued an order briefly announcing that the cases were no longer consolidated and vacating the grant of certiorari for the Seventh Circuit’s