Doubling-Down on Disgorgement
Antitrust enforcers are doubling-down on disgorgement. Although a relatively recent addition to the agencies’ remedy toolbox, disgorgement is on the rise with DOJ obtaining money as part of the remedy in the New York City Tour Buses matter and the FTC doing the same in Cardinal Health. Numerous recent statements from the leadership of both agencies show that disgorgement likely will be at issue much more in the future.
Bill Stallings, Mayer Brown partner and former Chief of the Transportation, Energy, and Agriculture (TEA) Section of the DOJ Antitrust Division, moderated a panel hosted by the American Bar Association discussing the government’s efforts to seek disgorgement of profits from anticompetitive conduct.