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  • James Edwards

RealClearMarkets Op-ed: Federal Trade Commission vs. Cutting Edge Innovation

Op-ed in RealClearMarkets by Committee for Justice Senior Advisor for Federal Affairs James Edwards:

In the Biden administration’s continued effort to reshape the entire American economy, Federal Trade Commission (FTC) chairwoman Lina Khan is treading where her more knowledgeable, prudent predecessors feared to trod—or at least trod only when they had some facts and law they could argue with a straight face.

The Federal Trade Commission under Lina Khan has thrown reams of dubious paper around Washington the past three years, racking up a mixed antitrust record. Khan’s FTC has demonstrated that its leadership has an extreme ideological agenda to drive, unbounded until now by Republican commissioners and unmoored from the principles of the rule of law and due process.

One particular area that enchants the Khan FTC is the nexus of antitrust and intellectual property. There are numerous examples of this, including comments filed in favor of improperly injecting product price in the Bayh-Dole Act’s statutorily narrow “march-in rights” and threatening heightened scrutiny of pharmaceutical patents for “improper Orange Book listings to determine whether these constitute unfair methods of competition in violation of Section 5 of the Federal Trade Commission Act.”

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