FDA ConneKTion

Timely updates and insights on the latest issues affecting FDA-regulated companies from Kilpatrick Townsend

Archive for March 2015

Posted on Monday, March 2 2015 at 9:06 pm by -

U.S. Supreme Court Rules State Boards Not Precluded From Antitrust Scrutiny

On February 25, 2015, the United States Supreme Court issued its awaited decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission (“FTC”), addressing whether a non-sovereign entity’s actions are excepted from federal antitrust laws under the doctrine of state-action antitrust immunity. In its 6-3 decision, the Court sided with the FTC in ruling that state professional boards that are controlled by active market participants must be subject to active supervision by the State to qualify for immunity under federal antitrust laws.
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