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Jane Willis, Amy Paul, Apr 27, 2015
In February 2015, the Supreme Court of the United States decided the second case in two years regarding state action antitrust immunity. In ruling that the North Carolina Dental Board, which is comprised of active market participants (i.e., practicing dentists), was not a state actor for the purpose of antitrust immunity, the Supreme Court has made a broad category of professional regulatory boards subject to increased antitrust scrutiny. While the decision’s practical impact remains to be seen, future results will surely include closer reviews of how state regulatory boards are constituted and increased application of the antitrust laws to actions taken by such boards.