NC Dental Gives State Boards Map To Avoid Antitrust Trouble

Law360, New York (February 25, 2015, 8:53 PM EST) -- The Federal Trade Commission's latest victory Wednesday on the state action doctrine in the U.S. Supreme Court may make more work for state professional regulatory boards looking to avoid antitrust scrutiny, but experts said the justices gave states a solid road map for how to supervise those kind of agencies.

In a 6-3 ruling, the justices concluded that state professional boards controlled by active market participants must be supervised by state governments to avoid federal antitrust scrutiny, affirming the Fourth Circuit's ruling that the North Carolina State Board of Dental Examiners' efforts to block nondentists from offering teeth-whitening services didn't qualify...

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