1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i AMG Capital Management v. FTC: Supreme Court Holds FTC Cannot Obtain Monetary Relief in Section 13(b) Suits April 30, 2021 On April 22, 2021, the U.S. Supreme Court held in AMG Capital Management, LLC v.
2、Federal Trade Commission that Section 13(b) of the Federal Trade Commission Act (FTCA) (15 U.S.C. 53(b) does not allow the Federal Trade Commission (FTC or Commission) to seek equitable monetary relief, such as restitution or disgorgement. This decision has significant implications for the FTCs enfo
3、rcement authority because Section 13(b) had been the FTCs primary mechanism for obtaining monetary relief for first-time violations of the FTCA. While the FTC will still be able to obtain monetary remedies for FTCA violations in some situations, its ability to do so will now be more limited. This Si
4、debar briefly discusses the Supreme Courts decision and considerations for Congress. For a more detailed background on Section 13(b), see the earlier Legal Sidebars Will the FTC Need to Rethink its Enforcement Playbook? and Will the FTC Need to Rethink Its Enforcement Playbook (Part II)?. Background
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