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Supreme Court ruling: Boards lose antitrust immunity if not “actively supervised” by states

In a key ruling on competition in professional services, the U.S. Supreme Court found February 25 that a state dental board that ordered non-dentists to stop whitening teeth does not have state-action immunity from Federal Trade Commission antitrust enforcement. (North Carolina State Board of Dental Examiners v. FTC). The FTC had charged the board with an anticompetitive and unfair method of competition.

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