Op-Eds
The FTC Jettisons Economics—and Law
The Federal Trade Commission is stepping up its pursuit of its new favorite bogeyman: Pharmacy Benefit Managers. Two months ago, the FTC issued an …
The Wall Street Journal
The FTC Goes Evidence-Free
Through three years of Lina Khan’s leadership, the Federal Trade Commission has suffered an unprecedented streak of high-profile court defeats. That’s because the agency regularly makes…
Blog
Missing the economists in FTC’s latest PBM study
The Federal Trade Commission (FTC) released its not-so-objectively titled interim report on Pharmacy Benefit Managers (PBMs): Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug…
Timeline: Federal Trade Commission Unhinged
Commentary
Forbes
“Federal Trade Commission Sues Big 3 Pharmaceutical Benefit Managers”
Alden Abbott explains why the FTC’s suit against PMBs is weak on the law and should be dropped.
American Institute for Economic Research
“Supermarket Merger Muddle”
Dr. Gary Galles, professor of economics at Pepperdine University, discusses the FTC’s challenge to the Kroger-Albertsons merger.
Forbes
“The FTC Takes on Pharmaceutical Benefit Managers”
Alden Abbott explains why the FTC should withdraw its interim report on pharmacy benefit managers until the agency addresses the serious problems contained within it.
National Review
“Lina Khan, Praised by Some Republicans, Campaigns with Democrats and Bernie Sanders”
Dominic Pino with the National Review Institute talks about Chair Khan’s appearances at pre-election events and what it might mean for the future at the…
Wall Street Journal
“Lina Khan Gets Punched Back”
The Wall Street Journal‘s editorial board discusses Express Scripts’ lawsuit against the FTC surrounding the agencies 6(b) study on Pharmacy Benefit Managers.
Wall Street Journal
“The FTC’s Anti-PBM Suit Could Mean Higher Health Premiums”
The Wall Street Journal‘s editorial board argues that the FTC’s suit against pharmacy benefit managers (PBMs) will raise the cost of healthcare.
Real Clear Markets
“60 Minutes Puff Piece on Lina Khan Is Journalistic Malpractice”
Tom Hebert from Americans for Tax Reform explains why Lina Khan’s tenure as FTC Chair has not been illustrious.
Bloomberg Law
“Dozen Republican AGs Back Kroger Challenge of FTC In-House Court”
Bloomberg Law reports on a coalition of state attorneys general supporting Kroger’s suit challenging the constitutionality of the FTC’s administrative law courts.
About Eye on FTC
Over nearly a century of independence, the Federal Trade Commission operated with broad, sometimes open-ended legal standards to police competition. During the past forty years, the agency sought to optimize consumer welfare in its analysis. No longer is this the case. FTC Chairman Lina Khan has taken issue with numerous industries, trade practices, and regulatory norms. Her expansive view of the agency and the public interest clashes with established practices, the law, and what is best for consumers. At the Competitive Enterprise Institute, we believe no industry is safe from this regulator’s abuse of power and that consumers are in jeopardy. We seek to spotlight agency overreach to help inform legislators, and, ultimately, to restore the agency’s core mission of protecting consumer welfare.
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EVENTS
A comprehensive list of FTC-related policy events at the FTC, CEI, and outside organizations.
VIDEO: "FTC's Sweeping Non-Compete Ban"
The Federalist Society hosted a webinar on May 9, 2024, discussing the FTC's final rule banning most employee noncompete agreements.
VIDEO: "Fireside Chat with FTC Commissioner Melissa Holyoak"
The Federalist Society hosted an event on May 21, 2024, featuring FTC Commissioner Melissa Holyoak at the Mayflower Hotel.
VIDEO: "Who's Canning Competition? The FTC's Trip Down the Grocery Aisle"
CEI hosted an online event on July 9, 2024, discussing the FTC's case against the Kroger/Albertsons merger, the Commission's study on supply chains, and a potential revival of the Robinson-Patman Act.
VIDEO: "FTC's Interim Pharmacy Benefit Manager Report - Assessing Vigor"
The Federalist Society hosted an online webinar on July 22, 2024, discussing the FTC's recent 6(b) report on pharmacy benefit managers.
VIDEO: "CEI Lunch Briefing: A Global Antitrust Paradox"
CEI hosted a lunch briefing on August 7, 2024, discussing how increased antitrust enforcement might affect the US's competitiveness abroad.
VIDEO: "Fireside Chat with the New FTC Commissioners"
The Technology Policy Institute hosted an event on August 20, 2024, featuring FTC Commissioners Andrew Ferguson and Melissa Holyoak.
"The Feds Unfriend Facebook: Why the FTC's Meta Antitrust Case Should Fail"
September 4, 2024 - The Washington Legal Foundation and TechFreedom will host an online webinar to discuss the FTC's antitrust suit against Meta.
Past Events on the Federal Trade Commission
Requests for Comment
Notices for Requests for comment from the Federal Trade Commission
FTC proposes updates to its Children's Online Privacy Protection Rule (COPPA)
The Federal Trade Commission announced a notice of proposed rulemaking to update its Children’s Online Privacy Protection Rule (COPPA) on December 20, 2023.
Read MoreFTC Proposes Rule to Ban Junk Fees
FTC and DOJ Seek Comment on Draft Merger Guidelines
The FTC and DOJ released their long awaited draft of the updated merger guidelines. Comments are due September 18, 2023.
Read MoreFTC and Department of Justice Propose Changes to HSR Form
FTC Announces Notice of Proposed Rulemaking (NPRM) for a "Click to Cancel" Option for Subscription and Membership Services
The FTC announced a notice of proposed rulemaking to amend the Negative Option Rule to include a “click to cancel” provision.
Read More"FTC Seeks Comment on Business Practices of Cloud Computing Providers that Could Impact Competition and Data Security"
Comment period closes on May 22, 2023.
Read MoreFinal Rule Announcements
A list of recent final rule announcements from the Federal Trade Commission.
Non-Compete Clause Rule
Final Rule, “Non-Compete Clause Rule,” effective September 4, 2024.
Read MoreProcedures for Review of Final Civil Sanctions Imposed Under the Horseracing Integrity and Safety Act
| Final Rule, “Procedures for Review of Final Civil Sanctions Imposed Under the Horseracing Integrity and Safety Act,” effective October 4, 2022. |
Adjudications & Settlements
Administrative adjudications from the Federal Trade Commission.
FTC Announces Three Right-to-Repair Cases: Do Your Warranties Comply with the Law?
Adjudications, “FTC Announces Three Right-to-Repair Cases: Do Your Warranties Comply with the Law?” July 7, 2022.
Read MoreEpic Games Agrees to Pay $275 Million Penalty
December 19, 2022 – Fortnite creator, Epic Games, agrees to settlement with FTC over allegations that the video game developer violated children’s privacy law.
Read MoreNews & Announcements
Recent news and announcements from the FTC.
FTC Proposes Blanket Prohibition Preventing Facebook from Monetizing Youth Data
The FTC requests $160 million budget increase for FY 2024
March 13, 2023 – The FTC submitted its budget request to Congress, seeking $590 million for FY 2024. This is an increase of $160 million above FY 2023.
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