Overview
Stephen Wu suggested that the Supreme Court decided to review an FTC antitrust case against North Carolina’s dental board because “the question that may have come to [the justices’] minds is, ‘This looks like a state regulatory body created by state law, the state seems to have created a mechanism for how members are elected, and yet, we have one of the federal antitrust enforcement agencies and a court of appeals concluding it is nevertheless a private actor.’ Quite a few states have created regulatory boards for a variety of professions beyond dentistry, [and] that may be a broader impact for the ruling in this case.”