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ARTICLE · 04 AUGUST 2021

Two Important Antitrust Cases Decided By US Supreme Court

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The United States Supreme Court decided two antitrust cases for October Term 2020.

United StatesAntitrust/Competition Law
Bevin M.B. Newman
Bevin M.B. Newman
Thomas Dillickrath
Thomas Dillickrath
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* Reprinted with permission from Global Competition Review. The full version of GCR's US Courts Annual Review - Edition 2, published in July 2021, is available here.

The United States Supreme Court decided two antitrust cases for October Term 2020.

The first case, AMG Capital Management v. Federal Trade Commission, unanimously held that the Federal Trade Commission (FTC) is not authorized to demand monetary relief for the purpose of obtaining restitution under section 13(b) of the Federal Trade Commission Act. Section 13(b) authorizes the FTC to seek temporary and permanent "injunctions" against unfair and deceptive trade practices "if such action would be in the public interest." It has been the FTC's longstanding practice to demand equitable monetary relief under section 13(b), despite the section containing no language explicitly authorizing such relief.

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