More Aggressive Monetary Remedies In FTC Antitrust Cases

Law360, New York (August 6, 2012, 12:57 PM EDT) -- Signaling an intention to enforce antitrust laws more aggressively with monetary remedies, the Federal Trade Commission revoked its 2003 policy statement on monetary equitable remedies in competition cases on July 31, 2012. In a 4-1 vote, the commission decided that, contrary to the policy statement, monetary remedies no longer should be limited to “exceptional cases” where the violation was clear and other remedies would be insufficient to achieve the purpose of the antitrust laws.

The commission introduced the policy statement in 2003, shortly after obtaining disgorgement...
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