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Expert Analysis

How FTC Answered Call For Guidance On Active Supervision

Law360, New York (October 22, 2015, 10:56 AM EDT) -- In North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101 (2015), the U.S. Supreme Court held that the North Carolina Board of Dental Examiners, a state agency, was not exempt from federal antitrust laws when it prohibited nondentists from providing teeth-whitening services in competition with the state's licensed dentists. The court thus concluded that the antitrust laws apply to state agencies and regulatory boards comprised of market participants if the board's challenged conduct is not actively supervised by the state....

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