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Supreme Court Requires State Supervision of Professional Boards to Secure Antitrust Immunity

BY | April 27, 2015

This article is part of a Chronicle. See more from this Chronicle Kenneth Field, Michael Knight, Bevin M.B. Newman, Apr 27, 2015 In an important decision, North Carolina State Board…

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

Kenneth Field, Michael Knight, Bevin M.B. Newman, Apr 27, 2015

In an important decision, North Carolina State Board of Dental Examiners vs. FTC, the U.S. Supreme Court has held that, where a state professional regulatory board is controlled by active market participants in the profession the board regulates, the board cannot claim “state action” antitrust immunity unless it is actively supervised by other state officials who

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