The FTC Rules that NC Dental Board is Subject to Antitrust Law

The Federal Trade Commission denied a motion to dismiss their administrative suit against the North Carolina State Board of Dental Examiners (the “Board”), finding that the state-action doctrine does not render the Board immune from the administrative antitrust proceeding.  The FTC alleged that the Board violated the Sherman Act when they required that teeth whitening services can only be performed by practicing dentists.  The Board claims the FTC action interferes with a legitimate state interest, and matters that have traditionally been left to the state.  But the FTC concluded that because the Board is made up almost entirely of practicing dentists, without “active supervision” by an independent state actor, the Board does not qualify for state-action immunity.

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