To be, or not to 13(b): The Tipline for 23 April 2021

The Federal Trade Commission’s authority is under fire and Congress may have to fan out the flames. But even before the agency’s defeat at the Supreme Court yesterday over its disgorgement powers, Facebook was claiming that the commission lacks the authority to maintain its monopolisation suit against the social media company. The FTC seeks new legislation because “it cannot plead a valid monopolization claim under current law”, Facebook argued this week.