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ARTICLE · 01 MAY 2015

Antitrust And Competition Newsletter: April 2015

Orrick
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Antitrust And Competition Newsletter: April 2015

United StatesAntitrust/Competition Law
Orrick
Orrick
Douglas Lahnborg
Douglas Lahnborg
Howard Ullman
Howard Ullman
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Top Story

U.S. Supreme Court Holds That State Action Immunity Does Not Apply to State Boards If the Board Is Controlled by Active Market Participants

On Feb. 25, 2015, the U.S. Supreme Court held, in a 6-3 decision, that a state board with a controlling number of decision-makers, who are active market participants in the occupation the board regulates, does not enjoy state action immunity from federal antitrust laws unless "the State has articulated a clear policy to allow the anticompetitive conduct, and, the State provides active supervision of [the] anticompetitive conduct." N.C. State Bd. of Dental Exam'rs v. F.T.C., 135 S. Ct. 1101, 1112 (2015). Read more >>

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