Attorneys John Villafranco and Bez Stern of Washington firm Kelley Drye & Warren LLP summarized the high court’s decision as saying it determined the FTC’s use of §13(b) to bypass administrative proceedings “is not good law.”

“Given that the Supreme Court has now gutted Section 13(b), it will be up to Congress to revitalize the statutory provision with stronger enforcement mechanisms,” said Villafranco and Stern in a blog post.

“Of course, Congress can also choose to do nothing. In that case, the FTC will have to take to heart the Supreme Court’s recommendation that it make more use of the traditional – and statutorily founded – administrative enforcement procedures found in Sections 5 and 19 of the Act.”

FTC Will Ask Congress To Sharpen Monetary Relief Authority Dulled By Supreme Court Ruling

More from Legal

More from Policy & Regulation