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Evening Must-Read: Ann Marie Marciarille: Teeth Whitening at the Supreme Court: Occupational Licensing and Antitrust Law - Washington Center for Equitable Growth
The Supreme Court’s 6-3 opinion in North Carolina State Board of Dental Examiners vs. FTC…
…is out…. It… in an unexpected way… delineat[es] antitrust’s limits on the states’ powers to regulate, de-regulate, and out-source regulation to a “non-sovereign actor.”… [The case] has ended up as a poster child for the clear articulation and active supervision standards required to determine whether an anticompetitive policy is indeed the policy of a given state, and entitled to immunity…