The Supreme Court handed the FTC a stinging defeat in AMG Capital v. FTC. Justice Breyer, writing for a unanimous court, declared that the FTC lacked the power to obtain monetary remedies in federal court under Section 13(b) of the FTC Act—a power it had been using for the past 40 years.
All eyes are now on Congress to “fix” Section 13(b). We agree that Congress should act. But it should do so in a way that eliminates the FTC’s ability to abuse 13(b) going forward, which is what landed the FTC in this position in the first place.