The U.S. Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade Commission ruled in February that state professional boards controlled by private entities must be “actively” supervised by state governments to fall within the scope of the state-action antitrust immunity doctrine.
Companies and private-market actors should be aware of the decision’s potential impact on their activities in regards to participation on state regulatory boards, as part of hybrid agencies, or in trade associations.
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