Knotty FTC Adjudication Risks Becoming Even More Tangled

By Nikhil Singhvi, John Graubert and Andrew Smith (May 19, 2022, 6:16 PM EDT) -- The Federal Trade Commission is having a dizzying time at the U.S. Supreme Court, and its administrative docket could get messy.

The Supreme Court held in its 2021 decision in AMG Capital Management v. FTC[1] that the agency could not seek monetary relief in federal district courts pursuant to Section 13(b) of the FTC Act, effectively steering the FTC's enforcement caseload toward litigation in the agency's own administrative tribunal.

The FTC has dutifully pivoted in that direction, filing more contested consumer protection cases in its administrative court — a forum previously dominated by antitrust matters — and, for the first time...

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