Law360 (December 1, 2020, 9:04 PM EST) — The Federal Trade Commission has spelled out ahead of next month’s U.S. Supreme Court arguments why the justices should not strip its ability to seek financial penalties for bad marketplace behavior, saying it needs the authority to provide relief to victims of fraud and anti-competitive behavior.
Asset manager AMG Capital Management LLC is seeking to overturn a Ninth Circuit holding that the Federal Trade Commission Act allows the agency to seek monetary relief for victims of marketplace abuse. Critics of the FTC’s long-standing reliance on monetary sanctions say the commission takes too expansive a view of its power to impose injunctions….
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