Overview
Jeffrey Brennan assessed a Supreme Court ruling which concluded that state professional boards controlled by active market participants must be supervised by state governments to avoid federal antitrust scrutiny. “The court said it doesn’t have to be day-to-day involvement in the operations or micromanagement of every decision,” Mr. Brennan said. “These state boards probably do know who they are [and] will want to take a prudent approach — and states will as well — and develop structures to provide the required active supervision to insulate the boards from antitrust challenge.”