Bridging the Gorge: States Prevent Retention of Ill-Gotten Profits Through Disgorgement

Disgorgement of ill-gotten gains is a crucial equitable remedy utilized by State Attorneys General. This is especially true in the context of antitrust cases because of the complexity of the industries where antitrust violations are prone to occur. The State Attorneys General seek to uphold the law, which goes beyond compensating those who have been harmed, in order to deter anticompetitive conduct. Disgorgement, unlike damages, focuses on the wrongdoer’s actions and windfall, rather than dama