On May 31, 2013, the Fourth Circuit found that state action immunity did not apply to bar the FTC’s claims that the North Carolina Dental Board’s cease and desist letters to non-dentist teeth-whitening providers unreasonably restrained trade in violation of Section 1 of the Sherman Act and Section 5 of the FTC Act. The court affirmed the FTC’s decision that the state action doctrine did not apply because the Board was a private actor, not the state itself, and because its conduct was not actively supervised by the state. goo.gl/KhnEU
Posted on: Tue, 11 Jun 2013 15:19:34 +0000