Drilling Out The Competition: Not If The FTC Knows

Law360, New York (January 4, 2012, 1:16 PM EST) -- The Federal Trade Commission (FTC) has a long history of challenging state licensing boards’ actions that restrict competition.

This history includes advocating against restrictive legislation at the state level and litigation — some of which has reached the U.S. Supreme Court — on restrictive rules, such as limiting when and under what circumstances nonmedical practitioners can conduct eye exams, provide oral exams and basic teeth cleaning services, and interpret X-rays.

On Dec. 2, 2011, the FTC added to this history when it unanimously concluded that the...
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