FTC Policy Change Goes After Antitrust Offenders' Pockets

Law360, New York (July 31, 2012, 8:52 PM EDT) -- The Federal Trade Commission on Tuesday revoked guidance that had limited its use of monetary penalties to "exceptional" antitrust cases, a move attorneys say heralds a new effort at the agency to pursue suits that force companies accused of overcharging customers to pay up.

In a split vote, the commission withdrew its nine-year-old policy statement on monetary equitable remedies in competition cases, citing concerns that the guidance had unintentionally "create[d] an overly restrictive view" of when the regulator could seek disgorgement or restitution.

"It has been...
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