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U.S. Supreme Court Curtails FTC’s Ability to Seek Restitution and Disgorgement in Consumer and Antitrust Cases

Client memorandum | April 26, 2021

In a unanimous decision, the Supreme Court of the United States held that Section13(b) of the Federal Trade Commission Act does not authorize the Federal Trade Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement.  AMG Capital Management, LLC, et al. v. Federal Trade Commission, Case No. 19-508, slip op. (U.S. Apr. 22, 2021 (Breyer, J.).

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