FTC’s Targets Take Cues From High Court in Tests of Agency Power

Companies targeted by the Federal Trade Commission are increasingly firing back at the agency’s constitutionality, a line of attack that questions the regulator’s independence and how it operates as a law enforcer.

The legal strategy is being deployed by Kroger Co., Meta Platforms Inc., and Cigna Group’s Express Scripts, three corporate giants that are in the crosshairs of a commission headed by progressive Lina Khan. The lawsuits come as the Supreme Court, through a series of recent opinions, has reined in regulators’ powers and opened the door for new challenges.

Express Scripts on Sept. 17 launched the latest ...