This year was an active year in antitrust, particularly for the Federal Trade Commission. The FTC has aggressively pursued antitrust activity in the health care industry; challenged reportable and nonreportable transactions at a staggering rate; indicated a new desire to seek disgorgement of profits and restitution damages in all their investigations; and seen their full-steam-ahead strategy for increased authority under Section 5 of the FTC Act challenged by many in Congress and yet to see any blessing by the courts. 2012 was a busy year for the FTC in antitrust, and with the re-election of President Obama, their aggressive antitrust enforcement appears poised to continue through 2013.
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