North Carolina State Board of Dental Examiners v. FTC
2015 United States Supreme Court case / From Wikipedia, the free encyclopedia
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North Carolina State Board of Dental Examiners v. Federal Trade Commission, 574 U.S. 494 (2015), was a United States Supreme Court case on the scope of immunity from US antitrust law. The Supreme Court held that a state occupational licensing board that was primarily composed of persons active in the market it regulates has immunity from antitrust law only when it is actively supervised by the state. The North Carolina Board of Dental Examiners had relied on the Parker immunity doctrine, established by the Supreme Court case Parker v. Brown, which held that actions by state governments acting in their sovereignty did not violate antitrust law.[1]
North Carolina Board of Dental Examiners v. Federal Trade Commission | |
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Argued October 14, 2014 Decided February 25, 2015 | |
Full case name | North Carolina State Board of Dental Examiners, Petitioner v. Federal Trade Commission |
Docket no. | 13-534 |
Citations | 574 U.S. 494 (more) 135 S. Ct. 1101; 191 L. Ed. 2d 35 |
Argument | Oral argument |
Opinion announcement | Opinion announcement |
Case history | |
Prior | ALJ initial decision finding violation, 152 F.T.C. 75; summary decision against immunity defense, 151 F.T.C. 607; merits opinion and order finding violation, 152 F.T.C. 640 (2011); motion to dismiss granted, 768 F. Supp. 2d 818 (E.D.N.C. 2011); affirmed, 717 F.3d 359 (4th Cir. 2013); cert. granted, 571 U.S. 1236 (2014). |
Holding | |
If a controlling number of an agency's decisionmakers are active market participants in the occupation the agency regulates, the agency can invoke state-action antitrust immunity only if it was subject to active supervision by the State. | |
Court membership | |
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Case opinions | |
Majority | Kennedy, joined by Roberts, Ginsburg, Breyer, Sotomayor, Kagan |
Dissent | Alito, joined by Scalia, Thomas |
Laws applied | |
Sherman Antitrust Act |