FTC Watchdog Monitors Competitive Implications Of Surveillance Pricing

Exactly two weeks after issuing an interim staff report on Pharmaceutical Benefit Managers (PBMs) pursuant to its Section 6(b) authority to study markets, the Federal Trade Commission (FTC) has initiated another 6(b) study relating to "surveillance pricing" products and services and their potential impact on privacy, competition, and consumer protection.

Section 6(b) of the FTC Act equips the Commission to initiate broad investigations of markets without a specific law enforcement purpose by issuing "special orders" to industry participants.¹ 6(b) study special orders have the look and feel of a subpoena and are backed by compulsory process—allowing the FTC to collect voluminous documents and data and produce reports meant to aid law enforcement agencies and policymakers in better understanding certain markets.