STATE BD. OF DENTAL EXAMINERS v. F.T.C.

No. 13-534.

135 S.Ct. 1101 (2015)

191 L.Ed.2d 35

NORTH CAROLINA STATE BOARD OF DENTAL EXAMINERS, Petitioner v. FEDERAL TRADE COMMISSION.

Supreme Court of United States.

Decided February 25, 2015.


Attorney(s) appearing for the Case

Hashim M. Mooppan , Washington, DC, for Petitioner.

Malcolm L. Stewart , for Respondent.

Glen D. Nager , Counsel of Record, Hashim M. Mooppan , Amanda R. Parker , Jones Day, Washington, DC, for Petitioner.

Jonathan E. Nuechterlein , General Counsel, David C. Shonka , Principal Deputy General Counsel, Imad D. Abyad , Mark S. Hegedus , Attorneys, Federal Trade Commission, Washington, DC, Donald B. Verrilli, Jr. , Solicitor General, Counsel of Record, William J. Baer , Assistant Attorney General, Malcolm L. Stewart , Deputy Solicitor General, Brian H. Fletcher , Assistant to the Solicitor General, Department of Justice, Washington, DC, for Respondent.

KENNEDY, J., delivered the opinion of the Court, in which ROBERTS, C.J., and GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined. ALITO, J., filed a dissenting opinion, in which SCALIA and THOMAS, JJ., joined.


This case arises from an antitrust challenge to the actions of a state regulatory board. A majority of the board's members are engaged in the active practice of the profession it regulates. The question is whether the board's actions are protected from Sherman Act regulation under the doctrine...

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