SmileDirectClub can move forward with its lawsuit challenging the Georgia dental board’s authority to ban its core business model, a divided Eleventh Circuit ruled Tuesday, August 11, rejecting the board’s argument that its status as a closely supervised state regulator shields it from antitrust liability.
“The board members’ argument is ultimately without merit,” Judge R. Lanier Anderson III wrote for the court, saying they “established no more than the mere potential for active supervision on the part of the governor,” reported Bloomberg.
The oral arguments in the Eleventh Circuit centered around state-action immunity, under which medical boards can deflect antitrust lawsuits by arguing that they’re acting on behalf of the state. Georgia’s dental board members, after being sued by SmileDirectClub, are trying to gain state-action immunity.
Full Content: Bloomberg
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
Judge Mehta Questions Both Sides in Landmark Google Antitrust Case
May 2, 2024 by
CPI
FCC Urges Urgent Funding for Removal of Chinese Telecom Equipment from U.S. Networks
May 2, 2024 by
CPI
Former Pioneer CEO Facing Potential Criminal Charges For Colluding With OPEC
May 2, 2024 by
CPI
South Korea’s Antitrust Regulator Greenlights K-Pop Powerhouse Deal
May 2, 2024 by
CPI
Exxon’s Pioneer Purchase Approved, Former CEO Barred from Board
May 2, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI