High Stakes at the High Court: The FTC’s Disgorgement Authority Comes Before the Supreme Court

Dechert partner Shari Ross Lahlou and counsel Gregory Luib have authored High Stakes at the High Court: The FTC's Disgorgement Authority Comes Before the Supreme Court in the Fall 2020 Antitrust magazine. The article focuses on the FTC's use of Section 13(b) of the FTC Act to obtain disgorgement from defendants – a remedy the agency pursues not just for consumer protection violations, but also increasingly in antitrust cases.

Nearly 40 years after the first appellate court read disgorgement into Section 13(b), the Supreme Court will finally address the FTC’s authority to pursue this extraordinary remedy, with important implications for the business community and the FTC’s enforcement agenda.

Read the full article.