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Expert Analysis

High Court Continues To Examine State Action Immunity

Law360, New York (October 16, 2014, 10:20 AM EDT) -- On Oct. 14, 2014, the United States Supreme Court heard oral arguments in North Carolina State Board of Dental Examiners v. Federal Trade Commission, a U.S. Court of Appeals Fourth Circuit decision upholding an FTC finding that the North Carolina State Board of Dental Examiners did not qualify for antitrust immunity after excluding nondentists from providing teeth-whitening services. The question presented is whether regulatory bodies comprised of market participants are considered private actors, thus requiring active state supervision before receiving antitrust immunity....

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