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The FTC Goes Evidence-Free

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Joel Zinberg
Former Director at Public Health and American Well-Being Initiative

Dr. Zinberg is the Director of the Public Health and American Well-Being Initiative at Paragon Health Institute. A native New Yorker, he recently served in the White House as a Special Assistant to the President for Economic Policy at the National Economic Council, from 1/2025 to 8/2026.  Previously, he completed two years as General Counsel and Senior Economist at the Council of Economic Advisers in the Executive Office of the President in 2017-2019.

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 decisions based on weak evidence, without demonstrating consumer harm and by relying on unproven legal theories. To this tally of shoddy work in pursuit of antitrust overreach, Ms. Khan has now added another entry: issuing an evidence-free interim report, which she has threatened could form the basis of future prosecutions.

In this report, which addresses pharmacy benefit managers, the FTC argues that “amidst increasing vertical integration and concentration,” PBMs “may be profiting by inflating drug costs and squeezing Main Street pharmacies.” The qualifier “may” appears throughout the report, signaling a lack of empirical evidence and analysis to support its conclusions about PBMs. In fact, many studies, including several by the FTC itself, contradict those conclusions.

PBMs are private businesses that manage prescription drug benefits on behalf of insurance-plan sponsors. They negotiate with drug manufacturers and pharmacies. Manufacturers trade lower prices for formulary access and more sales. Pharmacies trade discounts and increased retailing requirements for favorable placement in plan networks and more customers.

The full article can be found in The Wall Street Journal.

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