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Court unanimously invalidates the FTC's long-held
view that FTC Act Section 13(b) implicitly authorizes restitution
or disgorgement of unlawfully obtained profits.
The Supreme Court ruled unanimously in
AMG Capital
Management v. FTC that Federal Trade Commission Act
("FTCA") Section 13(b) does not authorize the FTC to
obtain monetary remedies such as restitution or disgorgement. The
Court's decision is a significant setback for the FTC,
particularly in consumer protection matters, where Section 13(b)
monetary relief is among the FTC's primary tools. The ruling
also affects antitrust enforcement in the pharmaceutical industry,