Deep Dive Episode 158 – Courthouse Steps Oral Arguments: AMG Capital Management v. FTC
Regulatory Transparency Project's Fourth Branch Podcast
|Topics:||Administrative Law & Regulation • Corporations, Securities & Antitrust • Regulatory Transparency Project|
|Sponsors:||Corporations, Securities & Antitrust Practice Group, Regulatory Transparency Project|
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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.
- Alden Abbott, General Counsel, Federal Trade Commission
- Corbin Barthold, Director of Appellate Litigation, TechFreedom
- [Moderator] Asheesh Agarwal, Deputy General Counsel, TechFreedom
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