Seventh Circuit Sets Up Potential Supreme Court Review of FTC Monetary Relief Authority

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For more than 30 years the Federal Trade Commission has sought and obtained monetary remedies styled as equitable restitution, disgorgement, and/or contractual rescission pursuant to Section 13(b) of the FTC Act. Indeed, in recent years many of the FTC’s largest monetary remedies have been obtained using the agency’s Section 13(b) authority, including, among many other matters, a $1.2 billion settlement with Teva Pharmaceutical Industries in a matter involving pay-for-delay allegations; up to $1.2 billion in a settlement with Volkswagen relating to allegedly misleading claims about “clean diesel”; at least $575 million in a settlement with Equifax relating to a 2017 data breach; and $448 million in a district court judgment against AbbVie for alleged antitrust violations.