The US Supreme Court holds that state agencies that are controlled by active market participants are not immune from antitrust laws unless the state also provides active supervision (North Carolina State Board of Dental Examiners)

Supreme Court Rules NC Dentist Board Not Immune From Antitrust Scrutiny* Earlier this morning, in a 6-3 decision, the Supreme Court ruled that state professional boards comprised of active market participants are not immune from antitrust laws even though the boards are formally designated as a state agency, unless the state also provides active supervision of the boards' actions. The case arose out of an FTC action against the North Carolina State Board of Dental Examiners ("Board") for issuing cease-and-desist letters to non-dentists offering teeth whitening services. The Board claimed that the non-dentists were engaged in the unlicensed practice of dentistry. The FTC, however, claimed that the Board was seeking to protect its members (licensed dentists who performed teeth

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  • Womble Bond Dickinson (Washington D.C.)

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Jason C. Hicks, The US Supreme Court holds that state agencies that are controlled by active market participants are not immune from antitrust laws unless the state also provides active supervision (North Carolina State Board of Dental Examiners), 25 February 2015, e-Competitions Bulletin February 2015, Art. N° 71985

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