FTC Takes Disgorgement Off Table In Surescripts Case

Law360 (May 17, 2021, 9:15 PM EDT) -- The Federal Trade Commission won't be seeking disgorgement in its monopoly case against electronic prescription service Surescripts after the U.S. Supreme Court ruled that the agency doesn't have the power to seek the return of ill-gotten gains when launching antitrust actions.

The agency has reached an agreement with the e-script company — which it has accused of using contract terms to illegally maintain a monopoly — to drop the FTC's bid for disgorgement from its complaint after the high court decision last month, it informed a D.C. federal court on Friday.

Though the FTC won't be seeking to recoup any funds...

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