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Competition EO: Practical Implications Of Biden's Executive Order On Promoting Competition - Anti-trust/Competition Law

Competition EO: Practical Implications Of Biden's Executive Order On Promoting Competition - Anti-trust/Competition Law
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FTC Lays Groundwork For Rulemakings: Are New Substantive Competition Rules Coming? | Morrison & Foerster LLP

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The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades.[1] On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s Office of the General Counsel to centralize FTC rulemakings. In announcing the change, Slaughter said that it was “time for the Commission to activate its unfair methods of competition rulemaking authority,” and that she is “excited for this new rulemaking group to explore all the possibilities.”[2] ....

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Supreme Court finds FTC lacks authority to seek monetary relief under Section 13(b) | Hogan Lovells

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On 22 April, the Supreme Court dealt a striking blow to the Federal Trade Commission’s (FTC) longstanding reliance on Section 13(b) of the Federal Trade Commission Act (FTC Act) as a basis for obtaining monetary relief for consumers. In a unanimous ruling in AMG Capital Management, LLC v. Federal Trade Commission, the Court held that Section 13(b) does not authorize the FTC to recover monetary remedies such as restitution and disgorgement of profits. Acting FTC Chairwoman Rebecca Kelly Slaughter criticized the decision, noting that Section 13(b) cases have resulted in “$11.2 billion in refunds to consumers during just the past five years.” The FTC has asked Congress to amend Section 13(b) authority in light of the Court’s opinion. In the absence of Congressional intervention, the FTC is likely to increase reliance on a little-used and more burdensome mechanism under Section 19 of the FTC Act to obtain monetar ....

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U.S. Supreme Court Limits the FTC's Authority to Seek Monetary Relief in Deceptive Practices Enforcement Cases | Insights

U.S. Supreme Court Limits the FTC's Authority to Seek Monetary Relief in Deceptive Practices Enforcement Cases | Insights
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US Supreme Court: FTC Cannot Seek Equitable Monetary Relief in Section 13(b) Cases | Morgan Lewis

US Supreme Court: FTC Cannot Seek Equitable Monetary Relief in Section 13(b) Cases | Morgan Lewis
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