The US Supreme Court’s unanimous decision that the Federal Trade Commission does not have the authority to seek monetary relief such as restitution or disgorgement in litigation eliminates the agency’s key weapon in fraud and antitrust actions. It also is beneficial for pharmaceutical companies, which have paid out substantial sums in so-called pay-for-delay cases and other matters.
In its 22 April opinion in AMG Capital Management LLC v. FTC, the court held that Section 13 (b)...
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