When the U.S. Supreme Court re-convenes in October, the case of the Federal Trade Commission versus the North Carolina State Dental Board will be one of the first cases it hears. Oral arguments in the case, which concerns competition and board authority, are scheduled for October 8.
The dental board is appealing a federal court ruling in the FTC’s favor. At issue is FTC’s complaint that the North Carolina board suppressed competition by trying to stop non-dentists from performing. teeth-whitening services. The FTC believes the board exceeded its authority in actions against non-dentists. The board asserted state action as a defense. Under the state action doctrine, certain state mandated activities are immune from federal antitrust liability.
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