The Future of FTC Equitable Monetary Relief after AMG Capital Management

The U.S. Supreme Court’s just-published unanimous decision in AMG Capital Management LLC  v. FTC—holding that Section 13(b) of the Federal Trade Commission Act does not authorize the commission to obtain court-ordered equitable monetary relief (such as restitution or disgorgement)—is not surprising. Moreover, by dissipating the cloud of litigation uncertainty that has surrounded the FTC’s recent efforts to seek such relief, the court cleared the way for consideration of targeted congressional legislation to address the issue.

Read the full piece here