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Update: Chair Cantwell Introduces S. 4145, A One-Sided 13(b) Fix
On Wednesday, we described draft legislation circulating in the Senate Commerce Committee that would have given the Federal Trade Commission almost unfettered authority to enjoin permanently any act, practice or…
Post-AMG Scorecard: The FTC Pivots to Other Statutory Bases for Monetary Relief
The Supreme Court in AMG foreclosed the FTC’s ability to pursue monetary remedies under Section 13(b) of the FTC Act. That, however, AMG has not stopped the FTC from pursuing monetary relief directly in court, while…
Post-AMG Scorecard (Updated): FTC Claims for Monetary Relief in 13(b) Actions Dwindle
As AMG recedes further into the past, lower courts are becoming more comfortable disposing of 13(b) actions where the proceedings are attempting to obtain monetary restitution as a matter of course. In many instances…
Post-AMG Scorecard (Updated): Different Roads Forward for the FTC in Pending Cases
The ripple effects continue from the Supreme Court’s holding in AMG Capital Management, LLC v. FTC, explaining that Section 13(b) of the FTC Act does not allow (and never did allow) monetary remedies. In some…
Energy and Commerce Committee Democrats Advance 13(b) Reform Legislation through Subcommittee
On May 27, the House Energy and Commerce Committee’s Subcommittee on Consumer Protection and Commerce advanced by voice vote H.R. 2668, legislation to clarify the Federal Trade Commission’s authority under Section…