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.
FTC May Be Hampered In Pursuing Actions Against Pharma In Wake Of Supreme Court Ruling
High court’s decision that FTC lacks authority to seek monetary recovery in litigation is boon for drug makers who have been subject to hefty payouts in reverse settlement and other cases brought by the commission.
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