Antitrust Antitrust

Key US FTC enforcement tool scuttled by Supreme Court

By Mike Swift
  • 22 Apr 2021 10:34
  • 10 Jun 2021 18:47
In an opinion that upends decades of US Federal Trade Commission enforcement practice, the Supreme Court unanimously found today that the agency went beyond congressional intent in seeking financial restitution and disgorgement for unfair and deceptive practices.

The opinion, written by Justice Stephen Breyer, does not come as a surprise. The FTC had

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