Deep Dive Episode 176 – Courthouse Steps Decision: AMG Capital Management v. FTC
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
On April 22, 2021, the Supreme Court decided AMG Capital Management, LLC v. Federal Trade Commission. Writing for the unanimous Court, Justice Breyer explained how Section 13(b) of the Federal Trade Commission Act does not authorize the FTC to seek, or a court to award, monetary relief such as restitution or disgorgement.
A panel of experts will discuss the ruling and its implications.
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.
Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati
Maureen Ohlhausen is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she advises industry-leading clients on complex antitrust and litigation matters, with a focus on high-profile cases. Sought after for her depth of experience on antitrust and Federal Trade Commission (FTC)-related issues, Maureen is known for her relationships with officials in the U.S. and abroad.
After finishing law school and clerking at the U.S. Court of Appeals for the D.C. Circuit, Maureen joined the FTC in 1997. She held a series of roles at the agency over the next 12 years, rising to the position of Director of the FTC Office of Policy Planning, where she led the agency’s work on e-commerce and headed the FTC’s Internet Access Task Force, which produced an influential report analyzing competition and consumer protection legal issues in the broadband and internet sectors. She then went into private practice at a leading telecommunications law firm, where she headed the FTC practice group.
In 2012, Maureen was confirmed by the Senate as a Commissioner of the FTC and was appointed Acting Chairman in January 2017, a role she held until May 2018. As Acting Chairman, Maureen directed all aspects of the agency’s antitrust work, including merger review, conduct enforcement, and all consumer protection enforcement, with an emphasis on privacy and technology issues. Under her leadership, the FTC won several influential merger challenges in court and reached a number of key digital privacy settlements.
To date, Maureen is the only FTC Commissioner to have received the Robert Pitofsky Lifetime Achievement Award in recognition of her contributions to the FTC.
Following the end of her term at the FTC, and immediately prior to joining Wilson Sonsini, Maureen was chair of the global antitrust and competition practice at Baker Botts, based in that firm’s Washington, D.C., office.
A recognized thought leader, Maureen is a frequent author and speaker, and is often quoted by leading print and broadcast media on antitrust, FTC, and privacy and data security matters. She has published dozens of articles on antitrust, privacy, intellectual property, regulation, FTC litigation, telecommunications, and international law issues in prestigious publications. During her tenure at the FTC and in private practice, she testified more than two dozen times before Congress, including before the Senate Commerce Committee and the House Energy and Commerce Antitrust Sub-Committee. She also testified before the Antitrust Modernization Commission.
Consultant, American Edge Project and U.S. Chamber of Commerce