Disgorgement

Disgorgement is a civil remedy in law that requires a person who profits from illegal or improper conduct to surrender those profits. It aims to prevent unjust enrichment and to deter wrongdoing. In many systems it is used in securities, antitrust, and consumer protection actions and does not constitute a criminal penalty. The ordered amount is typically the ill-gotten profits, sometimes with interest, and may be paid to victims or a restitution fund.

Practically, courts assess disgorgement based on profits attributable to the violation rather than on full harm to victims. It may be sought alongside civil penalties or injunctions. Some jurisdictions cap disgorgement or limit it to profits, while others allow full disgorgement regardless of losses. Critics argue that calculation can be complex and may require careful accounting to avoid excessive penalties.

In winemaking, disgorgement refers to the expulsion of sediment (lees) from bottled sparkling wine after secondary fermentation. The process, central to the Champagne method, involves chilling, opening the bottle briefly to eject the lees, and then topping up with a dosage before resealing. The term derives from the French dégorgement and is unrelated to the legal remedy.