The US FTC issues an opinion denying antitrust exemption to a dental board blocking non-dentists from providing teeth-whitening services in accordance to the state action doctrine and democracy rules (The North Carolina State Board of Dental Examiners)

North Carolina Dentists and the FTC’s Anti-Exemptions Mission: Is Antitrust Consistent With Democracy? (Yes, actually. It is.)* Some commentators are pretty alarmed over the Federal Trade Commission’s ruling earlier this year denying antitrust immunity for a North Carolina regulatory board’s outlawry of teeth-whitening by non-dentists. What has some of them using words like “epic,” and what has the state regulator-defendant virtually threatening secession from the Union (just take a look at the rhetoric in the group’s separately filed federal constitutional complaint against the Commission), is the sense of federal intrusion in the democratically chosen arrangements of state electorates. Such a complaint in this case is hogwash, and the case is not even a hard one under the Supreme

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  • Cleveland University - Marshall School of Law

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Christopher Sagers, The US FTC issues an opinion denying antitrust exemption to a dental board blocking non-dentists from providing teeth-whitening services in accordance to the state action doctrine and democracy rules (The North Carolina State Board of Dental Examiners), 8 February 2011, e-Competitions February 2011, Art. N° 36648

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