State-Action Protection For State Licensing Boards?

Law360, New York (July 3, 2012, 12:32 PM EDT) -- Recently, the U.S. Supreme Court granted certiorari in Federal Trade Commission v. Phoebe Putney Health Systems to consider whether a state statute can immunize otherwise anti-competitive mergers from antitrust inquiry. Another case making its way through the court system could also have wide-ranging implications for the future of antitrust enforcement, in cases that arguably implicate state conduct.

In February 2012, the North Carolina State Board of Dental Examiners filed a petition for review with the United States Court of Appeals for the Fourth Circuit, seeking review...
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