Ms. Khan in 2022 launched a “study” of PBM practices and their effect on drug costs. The FTC claimed in the report this summer that PBMs are “profiting by inflating drug costs and squeezing Main Street pharmacies.” Members of Congress and the trial bar promoted the report.

But Express Scripts contends that many of the report’s claims are false. The company says the agency forced PBMs to “produce millions of documents and over 11 billion data points,” but then “proceeded to ignore nearly all of it.” The suit says the FTC report relied on anonymous and unverified public comments and made sweeping conclusions based on case studies of a mere two drugs out of more than 30,000. ...

Ms. Khan is running rough-shod over due process as she tries to expand her authority. One result is she keeps losing in court. Another is that businesses are increasingly challenging the FTC’s power and structure. Ms. Khan may finally get punched back.