Analysis

FTC's Antitrust Powers Under Indirect Attack

Law360 (January 21, 2020, 6:40 PM EST) -- The Federal Trade Commission's consumer protection program could be upended by three pending U.S. Supreme Court petitions challenging the commission's authority to get fraudsters to fork over cash, but the FTC's competition enforcement could also be hurt if the justices ultimately strip its ability to seek financial penalties in court.

At issue in the petitions for Supreme Court review is whether Section 13(b) of the FTC Act allows the agency to seek money damages in federal court. Since the section became law in the early 1970s, courts have generally found that it does, and the FTC has made it a cornerstone...

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