Antitrust LawCarl W. Hittinger and Lesli C. Esposito, The Legal Intelligencer
Antitrust Year in Review: The FTC at Full Throttle
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.