On Feb. 25, the U.S. Supreme Court ruled that state professional
licensing boards comprised of professionals, which long had
presumed they enjoyed immunity to claims under the antitrust laws,
are in fact not protected by the "state action doctrine"
of Parker v. Brown. The decision should be considered by
all professionals who serve as members of state licensing and
professional regulatory boards.
In a 6-3 ruling and opinion written by Justice Anthony Kennedy,
the Court upheld the U.S. Court of Appeals for the Fourth Circuit.
That court had affirmed an administrative law judge who sided with
the Federal Trade Commission against the North Carolina State Board
of Dental Examiners after the board issued cease and desist letters
to non-dentists who provided teeth whitening services. The case
raised the issue of whether such boards, which are actual state
agencies, are wholly exempt from the antitrust laws under the
Parker doctrine, which was established in 1943, or
