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Federal Trade Commission Act – Restitution

By: Derek Hawkins//June 30, 2021//

Federal Trade Commission Act – Restitution

By: Derek Hawkins//June 30, 2021//

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United States Supreme Court

Case Name: AMG Capital Management, LLC, et al., v. Federal Trade Commission

Case No.: 19-508

Focus: Federal Trade Commission Act – Restitution

Section 13(b) of the Federal Trade Commission Act authorizes the Commission to obtain, “in proper cases,” a “permanent injunction” in federal court against “any person, partnership, or corporation” that it believes “is violating, or is about to violate, any provision of law” that the Commission enforces. 87 Stat. 592, 15 U. S. C. §53(b). The question presented is whether this statutory language authorizes the Commission to seek, and a court to award, equitable monetary relief such as restitution or disgorgement. We conclude that it does not.

Reversed and remanded

Dissenting:

Concurring:
Full Text


Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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