News & Analysis as of

Federal Trade Commission (FTC) Dentists

Kerr Russell

Why Dentists Must Pay Attention to Antitrust Law

Kerr Russell on

You should also be aware that the U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) historically have been active in the health care industry, with many prosecutions of physicians and dentists for antitrust...more

Kerr Russell

Why the Antitrust Laws Are Important in Dentistry

Kerr Russell on

The various antitrust laws can seem unfair, complicated, and many times irrelevant to the practice of dentistry. However, these laws do apply. The U.S. Justice Department (“DOJ”) and the Federal Trade Commission (“FTC”)...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 21 | May 2021

Cozen O'Connor on

Frontier Sued over Allegations that Its DSL Service Is Slower than Advertised  - The Federal Trade Commission (“FTC”), and a bipartisan group of five state AGs and two California district attorneys, sued Internet service...more

BakerHostetler

HELP! FTC Staff Steps Up to the Plate with Guidance for State Officials on Regulating Occupational Boards

BakerHostetler on

Answering the call from state officials seeking advice regarding antitrust compliance for state boards responsible for regulating occupations, Federal Trade Commission (FTC) Staff have stepped up to answer two questions...more

Burr & Forman

New FTC Guidance on Antitrust Immunity for State Regulatory Boards

Burr & Forman on

This week the Federal Trade Commission (FTC) issued its much-anticipated Staff Guidance on what sort of supervision states should provide to regulatory boards in order for those boards to qualify for antitrust immunity. In...more

Baker Donelson

Open Season on Provider-controlled Licensing Boards

Baker Donelson on

In a closely followed decision with significant consequences for state licensing boards and their members, the Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101...more

BakerHostetler

State Health Regulatory Bodies Have Teeth Pulled

BakerHostetler on

Old and new regulations established by state professional boards that are composed of “active market participants” such as physicians, dentists and therapists, may be subject to antitrust challenge following the U.S. Supreme...more

Holland & Knight LLP

Supreme Court Limits Protectionism by State Healthcare Licensing Boards - Boards Comprised of Active Medical Providers Are Not...

Holland & Knight LLP on

The United States Supreme Court’s recent decision in N.C. State Bd. of Dental Examiners v. Federal Trade Commission, No. 13-534, 2015 WL 773331 (S.Ct. February 25, 2015) makes clear that the anticompetitive actions of state...more

McGuireWoods LLP

Supreme Court Denies Antitrust Shield for NC Dental Board

McGuireWoods LLP on

On Wednesday, February 25, 2015, the Supreme Court released a 6-3 decision in North Carolina Board of Dental Examiners v. Federal Trade Commission, a case with potentially broad implications for regulation by dental and...more

McDermott Will & Emery

Supreme Court: State Agencies Controlled by Active Market Participants Must Have Active State Supervision to Qualify for Antitrust...

In a 6–3 decision issued February 25, 2015, the Supreme Court of the United States held in North Carolina State Board of Dental Examiners v. Federal Trade Commission that if active market participants control an entity—even a...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court Holds That to Invoke Antitrust Immunity, State Agencies Controlled by Market Participants Must Prove Active...

On Feb. 25, 2015, the U.S. Supreme Court held in a 6-3 decision that a state board with a controlling number of decision-makers who are active market participants in the occupation the board regulates does not enjoy state...more

Mintz

No Active State Supervision, No Antitrust Immunity for North Carolina State Dental Board

Mintz on

On February 25, 2015, in a 6-3 decision authored by Justice Kennedy, the Supreme Court upheld the Federal Trade Commission’s (FTC) decision finding that the North Carolina Board of Dental Examiners (Board), although a state...more

Womble Bond Dickinson

Supreme Court Rules NC Dentist Board Not Immune From Antitrust Scrutiny

Womble Bond Dickinson on

In a 6-3 decision, the Supreme Court ruled that state professional boards comprised of active market participants are not immune from antitrust laws even though the boards are formally designated as a state agency, unless the...more

BakerHostetler

FTC: Dentists Not Shielded From Teeth-Whitening Competition

BakerHostetler on

In a ruling that may impact how professionals attempt to limit competition from alternative providers, the North Carolina State Board of Dental Examiners (Board) failed to convince the U.S. Court of Appeals for the Fourth...more

Mintz - Health Care Viewpoints

Fourth Circuit & FTC: State Dental Board Subject to Federal Antitrust Laws in Teeth-Whitening Case

The health care industry is familiar with the FTC’s enforcement presence for anticompetitive business practices in health care markets. But in a case involving the market for teeth-whitening services in North Carolina, it...more

Mintz

Fourth Circuit Holds State Agencies Operated by Market Participants Are Private Actors for State Action Purposes

Mintz on

On May 31, 2013, the Fourth Circuit issued an opinion upholding the Federal Trade Commission’s (FTC) determination that the North Carolina State Board of Dental Examiners (Board) illegally expelled non-dentists from the teeth...more

BakerHostetler

NC Dentists Can’t Stop Competition from Other Providers of Teeth-Whitening Services

BakerHostetler on

The North Carolina State Board of Dental Examiners (“Board”) failed to convince the United States Court of Appeals for the Fourth Circuit that the Board’s successful effort to “expel non-dentist providers from the North...more

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