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F.T.C. v. MONAHAN

No. 87-1392.

832 F.2d 688 (1987)

FEDERAL TRADE COMMISSION, Petitioner, Appellee, v. Charles F. MONAHAN, et al., Respondents, Appellants.

United States Court of Appeals, First Circuit.

Decided November 4, 1987.

Attorney(s) appearing for the Case

William L. Pardee, Asst. Atty. Gen., with whom Steven H. Goldberg, Asst. Atty. Gen., and James M. Shannon, Atty. Gen., were on brief for respondents, appellants.

Frederick E. Dooley, Jr., with whom Robert D. Paul, Gen. Counsel, James E. McCarty, Deputy Gen. Counsel, and Jerold D. Cummins, Deputy Asst. Gen. Counsel, were on brief for petitioner, appellee.

Before BREYER and SELYA, Circuit Judges, and LAGUEUX, District Judge.

BREYER, Circuit Judge.

In August 1985, the Federal Trade Commission ("FTC") told the Massachusetts Board of Registration in Pharmacy ("the Board") that it would investigate three Board rules to see whether these rules unreasonably restrained competition and hurt consumers. The first rule essentially prohibited advertising in which one pharmacist claimed superiority to (or disparaged) another; the second rule prohibited mail order pharmacies; and the third rule prevented...

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