In its February 25 North Carolina Dental v. Federal Trade Commission decision, the Supreme Court held that a state regulatory board that is controlled by market participants in the industry being regulated cannot invoke “state action” antitrust immunity unless it is “actively supervised” by the state. Will this decision discourage harmful protectionist regulation, such as the prohibition on tooth whitening by non-dentists at issue in this case? Will it also interfere with the ability of states to shape their regulatory programs as they see fit? A U.S. Federal Trade Commissioner and two expert commentators will address this important set of questions.
More About the Speakers
The Honorable Maureen K. Ohlhausen
Commissioner, Federal Trade Commission
With Commentaries from
Clark Neily, Esq.
Senior Attorney, Institute for Justice
General Counsel, Office of the Attorney General of West Virginia
Deputy Director of the Edwin Meese III Center for Legal and Judicial Studies and the John, Barbara, and Victoria Rumpel Senior Legal Fellow