The FTC's Enforcement Power: How AMG Reshapes The Landscape

In a unanimous opinion authored by Justice Breyer, the U.S. Supreme Court held that Section 13(b) of the FTC Act ("Act") does not authorize the Federal Trade Commission ("FTC") to seek monetary relief in the form of restitution or disgorgement, despite the agency's redoubled practice of seeking such relief under the Act since 2012.  The Court's opinion significantly reshapes the FTC's process for obtaining money judgments from defendants.  The FTC will now most likely turn to Section 19 of the Act as its enforcement mechanism for obtaining monetary remedies, which requires the FTC to undertake several additional steps prior to commencing an action.

The FTC Act

The Act gives the FTC a variety of tools to enforce the federal antitrust laws, including administrative enforcement actions under Section 5(l) and judicial enforcement actions under Sections 13 and 19.  But Sections 5(l) and 19 both entail more demanding processes than Section 13.  With Section 13(b) now