State Boards Seeking an Antitrust Pass? FTC Explains What They Need to Know
21 October 2015Antitrust, Competition and Economic Regulation Alert
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.