Dental Board Pushes For Limit To FTC Reach In 4th Circ.

Law360, New York (October 7, 2011, 6:36 PM EDT) -- North Carolina's dental board told the Fourth Circuit Thursday that it should be immune from an antitrust proceeding at the Federal Trade Commission because it is a state agency protected by sovereign immunity under the Constitution.

Since the FTC first targeted the North Carolina State Board of Dental Examiners in mid-2010 — accusing the board of inhibiting competition by allowing only dentists to offer teeth-whitening services in the state — the plaintiff has sought to stop the administrative proceeding arguing before both the FTC and a...
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