Article Antitrust Magazine

A Watershed Moment? What Comes Next for the FTC in the Wake of AMG

In this article for the Summer 2021 edition of Antitrust Magazine, Kirkland attorneys Sean Royall, Richard Cunningham and Olivia Adendorff discuss the Supreme Court's unanimous decision in AMG Capital Management, Inc. v. FTC, bringing an end to decades of case law embracing the Federal Trade Commission’s long-standing interpretation of Section 13(b) of the FTC Act.

"The Supreme Court’s AMG decision is a dramatic development, and a fascinating example of how the rule of law can be applied with highly consequential effects, in this case overturning legal principles that a prominent federal agency had asserted and leveraged in enforcement actions against hundreds of companies and individuals for decades."

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