Takeaways From High Court's NC Dental Opinion

Law360, New York (February 27, 2015, 11:29 AM EST) -- The U.S. Supreme Court's opinion in North Carolina State Board of Dental Examiners v. Federal Trade Commission confirmed that the antitrust laws place important limits on what collusive and exclusionary actions can be taken by private actors to protect and advance their own financial and professional interests, even if those actions are carried out by state agencies. In this case, the court addressed the question of whether a state regulatory dental board, consisting of active market participants (i.e., practicing dentists), is immune from federal antitrust scrutiny under the doctrine of state-action immunity established in Parker v. Brown.[1]...

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