Linda Goldstein, Carl Hittinger Comment on Recent Supreme Court FTC Ruling

News / April 23, 2021

Partners Linda Goldstein and Carl Hittinger are quoted in an article published on April 23, 2021, by Global Competition Review. The article, “Supreme Court Curtails FTC’s Ability to Seek Monetary Relief for Consumers,” reports on a recent U.S. Supreme Court ruling that the Federal Trade Commission (FTC) does not have the authority to seek restitution or disgorgement under Section 13(b) of the FTC Act.

Hittinger said the FTC still is able to seek injunctive relief in federal court to prohibit alleged unfair methods of competition under Section 5 of the FTC Act, which gives the agency “tremendous power to bring cases beyond the Sherman Antitrust Act,” but it “only gives them injunctive relief – not monetary relief.”

Goldstein said the decision does not mean that the FTC cannot get money on behalf of consumers in consumer protection cases but that the ruling made clear that the commission has been “circumventing the specific procedures” required by the FTC Act.

Read the article (registration required).