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Supreme Court Blocks FTC From Obtaining Monetary Remedies In Most Antitrust And Consumer Protection Cases - Anti-trust/Competition Law

To print this article, all you need is to be registered or login on Mondaq.com. 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,

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