Hittinger Coauthors "FTC Recalibrates Its Sights on Disgorgement of Profits" for The Legal Intelligencer

Articles / September 4, 2012

Carl Hittinger coauthored a post for The Legal Intelligencer on September 4, 2012, entitled "FTC Recalibrates Its Sights on Disgorgement of Profits," which examined the FTC's withdrawal of its Policy Statement on Monetary Equitable Remedies in Competition Cases. With this withdrawal, the FTC sent a message that existing case law and the agency’s reasonable exercise of prosecutorial discretion would suffice in cases involving the seeking of monetary remedies moving forward. As one of the FTC commissioner's expressed a dissenting vote, the significance of the FTC's withdrawal was underscored. However, Hittinger concludes, the development "will substantially up the ante when companies are sitting at the negotiation table with the FTC and discussing options such as consent decrees and stipulated judgments, because what was once exceptional relief may now become the rule."