FTC Can't Seek Restitution From Shkreli Until Congress Acts

Law360 (June 3, 2021, 7:31 PM EDT) -- A New York federal judge permitted the Federal Trade Commission to withdraw its bid for financial restitution against disgraced pharmaceutical executive Martin Shkreli and his company, Vyera Pharmaceuticals LLC, on Wednesday given the U.S. Supreme Court's recent ruling that the agency lacks the power to recoup money from lawbreakers.

The defendants, whom the FTC and state antitrust enforcers accused of monopolizing sales of the anti-parasitic drug Daraprim since 2015, had opposed the commission's withdrawal request. They argued that the proper response is for partial summary judgment against the claim concerning the FTC's bid for equitable monetary relief.

But U.S. District Judge...

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