NC Dental Board Rips 4th Circ.'s Antitrust Immunity Ruling

Law360, New York (July 16, 2013, 4:30 PM EDT) -- North Carolina's dental board asked the Fourth Circuit on Tuesday to reconsider its bid to overturn a Federal Trade Commission decision barring it from limiting teeth-whitening services to dentists, arguing that a panel decision refusing antitrust immunity conflicted with U.S. Supreme Court precedent.

The North Carolina State Board of Dental Examiners urged the full court to rehear the case, saying that a three-judge panel's May ruling backing the FTC erroneously refused to grant the state agency immunity from federal antitrust scrutiny under the state action doctrine....
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