FTC Extends Public Comment Period on "Use of Disgorgement Authority"

The Federal Trade Commission has extended the public comment period on the agency's use of its disgorgement authority as a remedy for violations of the Hart-Scott-Rodino (HSR) Act, the FTC Act, and the Clayton Act. The comment period has been extended to March 29, 2002.

The Commission issued its original request for public comment on December 20, 2001, and the deadline was originally March 1. In consideration of a request from a potential commentor, the Commission has determined that it would be in the public interest to extend the original deadline, so that all interested parties have the fullest opportunity to prepare and submit their comments.

The Commission is soliciting comments on the factors it should consider in applying this remedy in competition cases and how disgorgement should be calculated. The Commission is not re-examining its statutory authority to seek disgorgement or other monetary equitable relief in competition cases. Specific questions of interest to the FTC are provided in the original Federal Register notice, but other related comments are welcome.

The Commission vote to extend the comment period was 5-0. Notice of the extension will appear in the Federal Register shortly.