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State Boards Seeking an Antitrust Pass? FTC Explains What They Need to Know

Logan M. Breed

Logan M. Breed,

Washington, D.C.

Robert F. Leibenluft

Robert F. Leibenluft,

Washington, D.C.

Austin D. Smith

Austin D. Smith,

Washington, D.C.

22 October 2015
A Supreme Court decision from February ruled that state regulatory boards run by “a controlling number” of “active market participants” can qualify for an antitrust exemption only if they are “actively supervised” by the state. But the Court left the content of those key terms vague, leaving states to wonder about the degree of antitrust scrutiny their regulatory boards will face.
Logan M. Breed

Logan M. Breed,

Washington, D.C.

Robert F. Leibenluft

Robert F. Leibenluft,

Washington, D.C.

Austin D. Smith

Austin D. Smith,

Washington, D.C.

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