Deep Dive Episode 158 – Courthouse Steps Oral Arguments: AMG Capital Management v. FTC
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
On January 13, the Supreme Court heard oral argument in AMG Capital Management v. FTC, a case that could define the scope of the FTC's remedial authority and explore the limits of textualism. The FTC Act authorizes the Commission to seek a "permanent injunction" in federal court to stop “unfair methods of competition” and “unfair or deceptive acts or practices.” For many years, the FTC and most courts have interpreted "permanent injunction" to give the FTC the power to require defendants to return money to victims. The Seventh Circuit recently disagreed and held that the term "permanent injunction" does not encompass equitable monetary relief for past misconduct.
To cover the oral arguments, Asheesh Agarwal, Deputy General Counsel at TechFreedom and an alumnus of the FTC, moderated a distinguished panel featuring Alden Abbott, the FTC's General Counsel, and Corbin Barthold, TechFreedom's Director of Appellate Litigation.
Featuring:
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Senior Research Fellow, Mercatus Center, George Mason University; Former General Counsel at the Federal Trade Commission (FTC)
Alden Abbott is a Senior Research Fellow at the Mercatus Center. Prior to joining Mercatus, he served as the General Counsel of the Federal Trade Commission (FTC). As the Commission’s chief legal officer and adviser, he represented the agency in court and provides legal counsel to the Commission and its bureaus and offices.
Prior to rejoining the FTC in April 2018, Mr. Abbott served in executive positions at the Heritage Foundation (2014-2018) and BlackBerry (2012-2014). He also held a variety of senior positions in the U.S. federal government (in the FTC, the Commerce Department, and the Justice Department's Office of Legal Counsel and the Antitrust Division).
He speaks French, Spanish, and Italian.
Internet Policy Counsel and Director of Appellate Litigation, TechFreedom
Corbin Barthold is TechFreedom's Internet Policy Counsel and Director of Appellate Litigation.
Corbin clerked for the Hon. Steven D. Merryday (M.D. Fla.) and the Hon. Robert H. Cleland (E.D. Mich.). After his clerkships, he became an associate, and later a partner, in the Los Angeles office of Browne George Ross LLP, where he engaged in high-stakes complex litigation. He then served as Senior Litigation Counsel at Washington Legal Foundation, a D.C. public-interest firm, where his practice focused on appeals involving administrative law, the separation of powers, antitrust, and tech policy.
Corbin received his J.D. from the University of California, Berkeley, School of Law. He also holds a B.A., magna cum laude and Phi Beta Kappa, from the University of California, San Diego, and an Msc., with distinction, from the London School of Economics.
Consultant, American Edge Project and U.S. Chamber of Commerce