FTC Says Dental Board Can't Clear Antitrust Immunity Bar

Law360, New York (June 28, 2012, 9:17 PM EDT) -- The Federal Trade Commission told the Fourth Circuit on Wednesday that North Carolina's dental board's decision to ban nondentists from offering teeth-whitening services did not qualify for antitrust immunity because it did not have adequate state supervision.

The antitrust watchdog urged the court to nix the North Carolina State Board of Dental Examiners' appeal of the FTC's decision that the ban was anti-competitive, saying that the state action doctrine did not apply to the regulatory board.

"The commission correctly held that the board — as a...
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