The US Supreme Court hears oral arguments before interpreting the state action exemption to the antitrust laws (North Carolina Board of Dental Examiners)

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On October 14, 2014, the Supreme Court will hear oral arguments in North Carolina Board of Dental Examiners v. FTC, the latest in its long line of cases interpreting the state action exemption to the antitrust laws. Dozens of amici have written briefs supporting both parties. Those briefs reveal significantly different opinions about the costs and benefits of state licensure boards and how their actions should be treated under the antitrust laws. The state action exemption can be quickly summarized: bona fide state regulation of the economy, even if anticompetitive, is exempt from the federal antitrust laws. Such a quick summary, however, belies the complexities explored in numerous Court opinions since the principle was first announced more than 70 years ago. The Court has developed

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Steven J. Cernak, The US Supreme Court hears oral arguments before interpreting the state action exemption to the antitrust laws (North Carolina Board of Dental Examiners), 14 October 2014, e-Competitions October 2014, Art. N° 73603

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