No Antitrust Immunity for State Boards Run by Market Participants
27 February 2015Antitrust, Competition and Economic Regulation Alert
The Supreme Court ruled on February 25 that state professional boards controlled by private entities must be “actively” supervised by state governments to fall within the scope of the state-action antitrust immunity doctrine. North Carolina State Board of Dental Examiners v. FTC, S. Ct. No. 13–534 (Feb. 25, 2015). Companies and private market actors that participate on state regulatory boards, as part of hybrid agencies, or in trade associations should be aware of the decision’s potential impact on their activities.