by Corey W. Roush and Mitchell E. Khader
On April 22, 2021, the Supreme Court dismantled a longstanding FTC enforcement tool in a unanimous decision holding that the FTC Act does not permit the agency to use its authority to seek injunctive relief under Section 13(b) as a means to pursue monetary remedies against wrongdoers. In its first major use of Section 13(b) since that decision, the FTC has enlisted the aid of states whose competition laws authorize restitution, disgorgement, and other monetary remedies. Notwithstanding this potential new strategy, the FTC continues to urge Congress to act to restore its power under Section 13(b).