Two recent Circuit Court opinions have significantly undermined the FTC’s powers under Section 13(b) of the Federal Trade Commission Act (FTCA).  These pivotal decisions may ultimately require the U.S. Supreme Court to clarify Section 13(b)’s boundaries.

First, in FTC v. Shire Viropharma, Inc., the Third Circuit Court of Appeals held that in order to file a suit under Section 13(b), the agency must include specific allegations that a defendant “is violating or about to violate” a law enforced by the FTC. … Continue Reading