US: State action antitrust immunity case may reach SCOTUS

The Supreme Court of the United States has been asked to take up a case that would potentially define the boundaries of state action antitrust immunity.

Reports say SCOTUS has been asked to take up the North Carolina Board of Dental Examiners’ appeal of an earlier ruling that sided with the US Federal Trade Commission in its challenge against North Carolina’s exclusion of non-dentists from performing teeth whitening procedures. The FTC argued that state-action immunity did not apply in this case on the grounds that the Board of Dental Examiners.

Legal precedent says that private entities must not only show that the policy of immunity must be articulated by the state for that immunity to apply, and that there is active state supervision.

The FTC argued that the Board could not show active state supervision and therefore does not benefit from state immunity as the Board is supervised by its own dentists.

According to the regulator, “Board actions [in the area of teeth whitening[ could be self interested.”

The Fourth Circuit Court of Appeals sided with the FTC, but the Board is now asking the Supreme Court to review the case; reports say the FTC is encouraging Supreme Court justices to deny the case.

Full Content: Washington Post

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