Supreme Court Limits FTCs Remedial Authority in AMG Capital Management v. FTC

Published: April 26, 2021, 3:22 p.m.

In this episode of S&C\u2019s\xa0Critical Insights\xa0podcast, Alex Willscher, deputy managing partner of the Firm\u2019s Criminal Defense & Investigations Group and Judd Littleton, co-head of the Supreme Court and Appellate Practice, discuss the Supreme Court\u2019s recent decision in AMG Capital Management v. FTC, a ruling the FTC says could \u201csignificantly impair\u201d its ability to execute its law enforcement mission.\nThe Justices unanimously ruled that Section 13(b) of the FTC Act does not give the FTC the authority to seek equitable monetary relief, such as restitution or disgorgement. This ruling is a setback to the FTC, which has pursued monetary remedies under Section 13(b) as its main enforcement weapon for decades. The FTC is expected to pursue a legislative fix with Congress as a result of the decision, and may also rely more heavily on other administrative remedies.\nFollowing up on their prior podcast previewing the case, Alex and Judd discuss the issues at stake, the Supreme Court\u2019s reasoning and the implications for the FTC and other federal agencies authorized to pursue monetary relief for consumers.