TBA Law Blog


Posted by: Stacey Shrader Joslin on Mar 3, 2015

State licensing boards composed of market participants do not enjoy automatic immunity from antitrust laws, the U.S. Supreme Court ruled last week. The decision in North Carolina Board of Dental Examiners v. Federal Trade Commission affirms the Fourth Circuit and deals a setback to an increasingly common form of regulation, SCOTUSblog reports. In their dissent, Justices Samuel Alito, Antonin Scalia and Clarence Thomas argued that the board should get antitrust immunity because North Carolina had designated it a state agency.