In April 2021, the US Supreme Court in AMG Capital Management LLC v. Federal Trade Commission unanimously held that section 13(b) of the Federal Trade Commission Act no longer allows the Federal Trade Commission (FTC) to seek equitable monetary relief, such as disgorgement or restitution. With 13(b) blocked, what strategies or authorities will arise to take its place, and what should be the motivating principles of those new monetary remedy authorities?

Associate Director Dr. Andrew Stivers provides an economist’s perspective on these open-ended questions that can affect consumer protection, privacy, and antitrust cases in a Law360 article, “Monetary Remedies After High Court FTC Ruling.”