News & Analysis as of

NC Board of Dental Examiners v FTC

FTC Encourages VA to Adopt Proposed Rule Preempting State Laws to Allow Advanced Practice Registered Nurses to Provide Services...

by McDermott Will & Emery on

On July 25, 2016, the Federal Trade Commission (FTC) submitted comments to the Department of Veterans’ Affairs (VA) supporting a proposed rule only affecting VA facilities that would authorize Advanced Practice Registered...more

DOJ and FTC Encourage Competition Between Lawyers and Non-Lawyers in the Provision of Legal Services in Comments on North Carolina...

by McDermott Will & Emery on

On June 10, 2016, the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly submitted a letter recommending that the North Carolina General Assembly limit the definition of the “practice of law” only...more

Legislative Update

by Brooks Pierce on

With negotiations on the budget bill (HB 1030) still continuing outside the public view, this week the General Assembly focused on other issues. Tax Proposals; Services Tax Clarifications and New Market Jobs Act - ...more

Freedom to Whiten: Teeth-Whitener’s Antitrust Suit Against Georgia Board of Dentistry Allowed to Proceed

Earlier this week, in Colindres v. Battle, et al., No. 15-CV-2843 (N.D. Ga.), the District Court for the Northern District of Georgia refused to dismiss antitrust claims brought by the owner of a teeth-whitening company...more

Four Takeaways from the ABA Antitrust Section's 2016 Spring Meeting

by Proskauer Rose LLP on

Antitrust practitioners, enforcers and industry professionals came together in Washington, D.C. for the 64th installment of the ABA Section of Antitrust Law's annual Spring Meeting. The Spring Meeting provides a look at the...more

FTC Staff Provides Antitrust Guidance to State Medical Boards

by Baker Ober Health Law on

Until recently, actions by state medical boards, operating pursuant to a state legislative mandate, were generally thought to be insulated from federal antitrust scrutiny by virtue of the state-action exemption. That changed,...more

Benefits Litigation Update – Spring 2016

by Epstein Becker & Green on

A Publication from Epstein Becker Green and The ERISA Industry Committee Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update...more

If Republicans Allow A Hearing on Merrick Garland's Nomination, They Should Ask Him About Teeth Whitening

Let me stipulate that trying to evaluate a Supreme Court nominee based on a 30-year old law review article is a bad idea. That said, some of the issues that Obama nominee Merrick Garland wrote about in the mid-1980s are...more

No Federal Antitrust Immunity for Actions by State Regulatory Boards Controlled by Market Participants without Active State...

by Snell & Wilmer on

The United States has a strong tradition of professional self-regulation, particularly in the learned professions. States frequently delegate regulatory authority to state boards largely comprised of professionals actively...more

Texas Medical Board Appeals Immunity Ruling

by King & Spalding on

In a notice of appeal filed on January 8, 2016, the Texas Medical Board appealed the Western District of Texas’s ruling that the Texas Medical Board was not entitled to state action immunity in an antitrust suit involving...more

2015 – The Health Law Year in Review

With 2015 in the books, we are pleased to reflect on some of the major developments over the past year in the field of health law. The year was marked by changes in Medicare payment models—from government pronouncements...more

Antitrust Suit Continues to Stymie New Texas Telemedicine Regulation

A federal district court denied the Texas Medical Board’s (the Board) motion to dismiss an antitrust suit filed by a telemedicine company (Teladoc), finding that the Board is not entitled to state action immunity because its...more

FTC Issues State Action Guidance for State Regulatory Boards

by Epstein Becker & Green on

On October 14, 2015, the Federal Trade Commission (“FTC”) issued guidance on how state regulatory boards can regulate their professions without running afoul of the antitrust laws (“Guidance”). The Guidance was issued in...more

Health Update - November 2015

Best Practices for Using Social Media in Healthcare: Maximizing Impact, Mitigating Risk - Editor's note: In a generation more likely to seek health information online than see a doctor, social media is playing an...more

LegalZoom and the North Carolina Bar Settle Antitrust Dispute

by McDermott Will & Emery on

In the latest development from a number of antitrust lawsuits filed against state regulatory boards, LegalZoom.com Inc. signed a consent agreement with the North Carolina State Bar (State Bar) to settle a $10.5 million...more

Promoting Antitrust Compliance – The Antitrust Division’s Subtle Shift Regarding Corporate Compliance: A Step Toward Incentivizing...

by WilmerHale on

INTRODUCTION: A surprising feature of many corporate compliance programs is their limited emphasis on antitrust. Compliance efforts are a key feature of modern corporate governance initiatives, and it stands to reason...more

FTC Provides Guidance on State Regulatory Board Antitrust Liability Following Supreme Court Decision

Earlier this year, we covered the Supreme Court’s decision in North Carolina State Board of Dental Examiners v. FTC, which held that a state regulatory board composed of “active market participants” was not immune to federal...more

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

by 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

FTC Answers the Call for Guidance Regarding Antitrust Compliance for State Regulatory Boards Controlled by Market Participants

by Mintz Levin on

In North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015), the Supreme Court held that the North Carolina Board of Dental Examiners (“Board”), a state agency, was not exempt from federal antitrust laws...more

FTC Provides Guidance Regarding Antitrust Compliance for State Regulatory Boards

In North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015), the Supreme Court held that the North Carolina Board of Dental Examiners (“Board”), a state agency, was not exempt from federal antitrust laws...more

Ruling on Economic Favoritism Puts ‘NC Dental’ Back in Spotlight

by BakerHostetler on

In a recent opinion, a divided panel of the U.S. Court of Appeals for the Second Circuit ruled that an economic regulation passed by a state agency solely to protect one group from competition would not violate the...more

CON laws, COPAs and the FTC: 7 Antitrust Points For The Healthcare Sector

by DLA Piper on

The Federal Trade Commission is on a roll in its attack on what it considers anti-competitive effects in the healthcare industry. And that roll has consistently involved challenging activity that once appeared to be protected...more

“Ain’t Wastin’ Time No More”* — Doctors, Vets, and Lawyers in the Antitrust Crosshairs

by BakerHostetler on

Supreme Court Decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission Prompts Legal Challenges to State Professional Boards - Earlier this month a Texas federal district court judge granted a...more

“Ain’t Wastin’ Time No More”* — Doctors, Vets, and Lawyers in the Antitrust Crosshairs

by BakerHostetler on

Supreme Court Decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission Prompts Legal Challenges to State Professional Boards - Earlier this month a Texas federal district court judge granted a...more

Regulatory Capture Vitiates State Action Immunity

The Supreme Court has ruled that when an oversight mechanism created by a State —here a State Board — is under the control of those it was supposed to be regulating (sometimes referred to by economists as “regulatory...more

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