August 6, 2012

Federal Trade Commission to Increasingly Seek Monetary Relief in Antitrust Matters

Arnold & Porter Advisory

Last week, in order to provide itself with increased flexibility to seek monetary relief, the Federal Trade Commission (by a 4-1 vote) withdrew its previous policy statement on the use of disgorgement (and restitution) in antitrust cases. It is too early to predict how this action will affect the Commission's willingness to seek monetary relief, but the decision suggests that parties need to consider carefully the potential for such relief in FTC antitrust investigations going forward.

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