NORTH CAROLINA STATE BOARD OF DENTAL EXAMINERS V. FTC
135 S.Ct. 1101 (2015)
NATURE OF THE CASE: This was a dispute over whether a state regulatory board composed of
a majority of members who practice in the profession are protected under the doctrine of
state action antitrust immunity.
FACTS: North Carolina declared the practice of dentistry to be a matter of public concern
requiring regulation. The North Carolina State Board of Dental Examiners (D) is “the agency
of the State for the regulation of the practice of dentistry.” D may file suit to
“perpetually enjoin any person from . . . unlawfully practicing dentistry.” Otherwise D
administers the practice of dentistry. A majority of the board’s members are engaged in the
active practice of the profession it regulates. Dentists started whitening teeth. By 2003
nondentists performed the same function and charged much lower prices. D investigated even
though D's own enabling act does not, by its terms, specify that teeth whitening is “the
practice of dentistry.” D began issuing cease-and-desist letters on its official letterhead
to nondentist teeth whitening service providers and product manufacturers. In 2010, the
Federal Trade Commission (P) filed an administrative complaint charging the Board with
violating §5 of the Federal Trade Commission Act. P alleged that the action to exclude
nondentists from the market for teeth whitening services in North Carolina constituted an
anticompetitive and unfair method of competition. D moved to dismiss, alleging state-action
immunity. An ALJ denied the motion. On appeal, P sustained the ALJ’s ruling. It held that D
is a “public/private hybrid” that must be actively supervised by the State to claim
immunity. The ALJ conducted a hearing and determined that D had unreasonably restrained
trade in violation of antitrust law. P won again on appeal. The Court of Appeals for the
Fourth Circuit affirmed P in all respects. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment