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North Carolina Dental: The Supreme Court and State Action Antitrust Immunity

BY | April 29, 2014

This article is part of a Chronicle. See more from this Chronicle Amy Paul, Jane Willis, Apr 29, 2014 It is well-settled under Supreme Court precedent that antitrust immunity may…

This article is part of a Chronicle. See more from this Chronicle

Amy Paul, Jane Willis, Apr 29, 2014

It is well-settled under Supreme Court precedent that antitrust immunity may apply when either (i) a state exercises its legislative authority by passing a regulation or (ii) an actor acts at the direction of the state, even if that action results in anticompetitive effects or harm to the competitive process. A threshold question for application of state action immunity is whether the actor is

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