Biz Groups Weigh In On High Court Case Over FTC Restitution

Law360 (October 2, 2020, 10:53 PM EDT) -- Free-market think tanks urged the U.S. Supreme Court on Friday to curtail the Federal Trade Commission's traditional reliance on monetary sanctions as a weapon against bad marketplace behavior, including consumer fraud and anti-competitive conduct.

Justices will soon hear oral arguments in two paired cases from the Seventh and Ninth Circuits in order to tackle a divide over whether the Federal Trade Commission Act allows disgorgement of ill-gotten gains as one arrow in the agency's quiver.

The seven groups filed amicus briefs backing AMG Capital Management LLC, which hopes to persuade the high court to unravel a Ninth Circuit holding that a...

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