N.C. State Dental Board presents oral argument in U.S. Supreme Court on antitrust state-action exemption

Client(s) North Carolina State Board of Dental Examiners

Jones Day presented oral argument on behalf of the North Carolina State Board of Dental Examiners in a major case concerning the scope of the antitrust state-action exemption. Under existing Supreme Court precedent, in order to invoke the exemption, state agencies need only act pursuant to a clearly articulated anticompetitive policy of the State, whereas private parties must additionally be actively supervised by the State. In this case, the Federal Trade Commission and the Fourth Circuit held that a state professional-regulation board must satisfy the active-supervision requirement when, as is commonly the case, a majority of the board's official members are also market participants in the regulated profession. Jones Day successfully persuaded the Supreme Court to grant certiorari to review that holding.

North Carolina State Bd. of Dental Examiners v. FTC, No. 13-534 (U.S.)