Two Critical Court Decisions

This issue we analyze two recent highly important antitrust court decisions. The significance of N.Car. Dental is driven home by the fact that professional licensing boards regulate nearly 1/3 of the U.S. workforce. Per Herb Hovenkamp, a key question is “how much federalism” vs. “how much national competition policy.” And FTC. v. St. Luke’s presents two possible lessons: (i) the ACA doesn’t (yet) impact antitrust analysis, and (ii) high po