The Federal Trade Commission recently fired a warning shot to companies facing antitrust scrutiny by withdrawing its Policy Statement on Monetary Equitable Remedies in Competition Cases. Many had previously interpreted the policy statement, issued in 2003, as limiting the FTC's use of monetary equitable remedies, including disgorgement of profits, to only "exceptional cases" involving "clear" antitrust violations and where "remedies in other civil or criminal litigation was likely to accomplish the purposes of the antitrust laws."
FTC Recalibrates Its Sights on Disgorgement of Profits
The Legal Intelligencer
September 4, 2012
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