FTC Not Going Overboard On Disgorgement, Officials Say

Law360, New York (April 11, 2013, 7:35 PM EDT) -- Federal antitrust enforcers are considering seeking disgorgement in competition cases more often than in the past, but the remedy will likely remain limited to relatively rare cases of egregious violations, current and former agency officials said Thursday.

In the wake of the Federal Trade Commission's decision to pull its policy statement on when disgorgement was appropriate in antitrust cases, attorneys had voiced concern that the agency would start seeking disgorgement much more frequently and lead companies to end up repaying consumers again and again for the...
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