26
September 2022
Past Event
Virtual Event | Federal Trade Commission Squashing Small Businesses

Virtual Event | Federal Trade Commission Squashing Small Businesses

Past Event
Online Only
September 26, 2022
The FTC building on June, 14, 2011, in Washington, DC. (Bill O'Leary/The Washington Post via Getty Images)
Caption
The FTC building on June, 14, 2011, in Washington, DC. (Bill O'Leary/The Washington Post via Getty Images)
26
September 2022
Past Event

1201 Pennsylvania Avenue, N.W., Suite 400
Washington, DC 20004

Speakers:
harold_furchtgott_roth
Harold Furchtgott-Roth

Senior Fellow and Director, Center for the Economics of the Internet

Caleb Kruckenberg

Attorney, Pacific Legal Foundation

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.

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