Articles

The Hill : The FTC’s rebellion against the judiciary

January 03, 2022 | By CALEB KRUCKENBERG

The Federal Trade Commission (FTC) must be held accountable for its open defiance of the Supreme Court’s directives. For decades, the FTC relied on a statute authorizing “permanent injunctions” to obtain monetary fines. That always seemed strange. After all, neighboring sections of the law allow the commission to seek limited mone ...

Articles

The Hill : Does the FTC think no one notices its attempt to skirt a Supreme Court ruling?

November 15, 2021 | By CALEB KRUCKENBERG

In April, the Supreme Court unanimously rebuked the Federal Trade Commission’s decades-long abuse of its “disgorgement” authority to extract massive fines from companies accused of unfair trade practices because the agency never had that power in the first place. Now the FTC seems desperate to replace its unlawful disgorgement pra ...