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The Pendulum Swings: Lina Khan s Confirmation Hearing Signifies A Potential Shift Toward Increased Antitrust Enforcement At The FTC - Anti-trust/Competition Law

To print this article, all you need is to be registered or login on Mondaq.com. The nomination of Columbia Law Professor Lina Khan to the Federal Trade Commission last month raised speculation as to whether there might be a new era of antitrust enforcement under the Biden Administration. If confirmed, Ms. Khan would fill former FTC Chairperson Joseph Simon s vacant seat, leaving one more remaining vacancy for President Biden to fill after Democratic Commissioner Rohit Chopra leaves to lead the Consumer Financial Protection Bureau. 1 Biden s next appointment is anticipated soon, and would mark the shift to a 3-2 Democratic

The Supreme Court Prohibits The FTC From Seeking Monetary Relief In Federal Court Under Section 13(b) Of The FTCA - Corporate/Commercial Law

To print this article, all you need is to be registered or login on Mondaq.com. On April 22, 2021, the Supreme Court issued a unanimous decision prohibiting the Federal Trade Commission (FTC) from using its preferred tool for regulating marketplace misconduct. The Court held that Section 13(b) of the Federal Trade Commission Act (FTCA), which allows the FTC to seek injunctive relief in federal court, does not extend to monetary relief in the form of restitution or disgorgement. Sections 5 and 19 of the FTCA have long been used by the FTC to seek monetary damages through administrative proceedings. Section 13(b) gives the FTC the power to seek injunctive relief in federal

The Supreme Court Prohibits the FTC From Seeking Monetary Relief in Federal Court Under Section 13(b) of the FTCA | Kramer Levin Naftalis & Frankel LLP

[co-author: Daniela Manzi] On April 22, 2021, the Supreme Court issued a unanimous decision prohibiting the Federal Trade Commission (FTC) from using its preferred tool for regulating marketplace misconduct. The Court held that Section 13(b) of the Federal Trade Commission Act (FTCA), which allows the FTC to seek injunctive relief in federal court, does not extend to monetary relief in the form of restitution or disgorgement. Sections 5 and 19 of the FTCA have long been used by the FTC to seek monetary damages through administrative proceedings. Section 13(b) gives the FTC the power to seek injunctive relief in federal court to halt deceptive practices that harm consumers. Since the late 1990s, the FTC has increasingly used Section 13(b) to pursue monetary awards against defendants.

Supreme Court Curtails FTC Power To Seek Restitution In Court - Litigation, Mediation & Arbitration

Supreme Court Curtails FTC Power To Seek Restitution In Court - Litigation, Mediation & Arbitration
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Supreme Court Curtails FTC Power to Seek Restitution in Court | Proskauer - Advertising Law

To embed, copy and paste the code into your website or blog: A unanimous Supreme Court yesterday significantly curtailed the FTC’s ability to obtain the equitable monetary remedies of restitution and disgorgement of profits from entities accused of engaging in deceptive practices in violation of the FTC Act.  In so holding, the Court drew heavily on its interpretation of the language and history of that statute in concluding that allowing the FTC to dispense with administrative proceedings to obtain the equitable monetary remedies of relief would be to “allow a small statutory tail to wag a very large dog.” 

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