NC Dental Leaves State Boards With Little To Smile About

Law360, New York (March 11, 2015, 10:23 AM EDT) -- The recent U.S. Supreme Court decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission could subject hundreds and perhaps thousands of state regulatory boards to federal antitrust liability for conduct once thought immune as state action, and so creates the possibility that individual board members may be subject to treble damage awards.

The case began when the North Carolina dental board sent cease-and-desist letters to nondentists who offered teeth-whitening services at prices less than dentists, asserting that they were engaging in the unlicensed practice of dentistry. The FTC charged that board members’ concerted action to exclude nondentists...

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