2013•SSRN Electronic JournalOpen access

Antitrust Battles in North Carolina Have Significant Implications for State Medical Boards

Eric M. Fish

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Abstract

The U.S. Court of Appeals for the Fourth Circuit upheld a Federal Trade Commission ruling that the North Carolina State Board of Dental Examiners engaged in anticompetitive when it prevented non-dentists from providing teeth whitening services to consumers. This article explores the Board's contention that its actions were protected by the state action doctrine and the impact of the decision on state medical boards.

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The U.S. Court of Appeals for the Fourth Circuit upheld a Federal Trade Commission ruling that the North Carolina State Board of Dental Examiners engaged in anticompetitive when it prevented non-dentists from providing teeth whitening services to consumers. This article explores the Board's contention that its actions were protected by the state action doctrine and the impact of the decision on state medical boards.

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Available abstract

The U.S. Court of Appeals for the Fourth Circuit upheld a Federal Trade Commission ruling that the North Carolina State Board of Dental Examiners engaged in anticompetitive when it prevented non-dentists from providing teeth whitening services to consumers. This article explores the Board's contention that its actions were protected by the state action doctrine and the impact of the decision on state medical boards.

Key concepts: Commission, State (computer science), Doctrine, Law, Court decision, Political science, Federal court, Business

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