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For decades, the Federal Trade Commission could, under its interpretation of Section 13(b) of the Federal Trade Act, go to court and obtain a court order placing a company’s assets under the FTC’s control. Such a company would have no opportunity to defend itself, much less to challenge the order in court before it was imposed. It would effectively be at the mercy of the FTC to impose settlement conditions. In May 2021, the Supreme Court unanimously held that Section 13(b) of the Federal Trade Commission Act does not give the Commission authority to bypass administrative proceedings and seek equitable monetary relief directly from the federal courts. Despite the Supreme Court decision, the FTC has continued to demand monetary sanctions that are impermissible under Section 13(b). And some courts have granted that relief
To discuss recent challenges to the continuing FTC practices, the Center for the Economics of the Internet is pleased to welcome Caleb Kruckenberg of the Pacific Legal Foundation.
Join Senior Fellow Dr. Rebeccah Heinrichs and Senator Rick Scott (R-FL) for a fireside discussion on how Congress can guide American strategy, the need to modernize the defense industrial base, and the vital role of allies and partners in an unstable international environment.
Join Hudson Institute Senior Fellow Robert McDowell for a discussion of the book and communications law with the authors, Harold Furchtgott-Roth, Kirk Arner, and Arielle Roth.
Please join Congressman Jimmy Panetta (D-CA) and Senior Fellow Ken Moriyasu for a discussion on Central Asia’s economic and strategic significance and why updating US trade policy is key to unlocking the region’s potential in an era of renewed great power competition.
