Do state licensing boards have immunity from antitrust laws?

[b-rad12]

The FTC sued the North Carolina Stated Board of Dental Examiners claiming their action of sending out cease and desist letters to non-dentists practicing teeth whitening in mall kiosks was anticompetitive (Despite teeth whitening being specifically noted as a dental procedure in state regulations.) At the heart of their argument is that a state agency chaired by practicing and "interested" members of the profession are engaging in anti-competitive behavior, and without state supervision they are violating the FTC act. The 4th circuit agreed with the FTC and the SCOTUS is waiting to rule. This could has vast implications on state regulatory boards of all professions.

http://www.scotusblog.com/2014/10/a...ing-boards-have-immunity-from-antitrust-laws/

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