Rogers brown on the DC Circuit Alex Brzezinski on a ninth circuit so quite a few a prominent judges when some of you may know and he worked prior also as an associate Gibson Dunn & Crutches let me now turn.
The podium over to Commissioner Maureen good afternoon everyone and thank you all that and thanks to the heritage foundation for inviting me to speak I’m delighted to be here but of course my views are just my own and not necessarily those of.
The FTC in my remarks today I will address the Supreme Court’s recent decision in North-Carolina dental as long as well as the long but successful road the FTC took to get to that and other favorably decisions in the state action area I will then discuss some of.
The implications of the opinion for state-regulatory boards specifically an occupational licensing more Sylva Dentist generally before I begin I trust that anyone who is willing to spend his or her lunch hour hearing about the state action doctrine has a certain degree of familiarity with.
This area of antitrust law so I will dive right in the FTC filed an administrative complaint against the North Carolina Board of dental examiners in we allege that the board through its dentists members was quote colluding to exclude non dentists from competing with dentists in the provision of teeth whitening services in North Carolina and after-deciding that teeth whitening-constitutes.
The practice of Dentistry board issued at least letters to dentist teeth whitening providers stating that they were illegally practicing dentistry without a licensing without.
A license and ordering them to cease and desist the board also issues at least letters to various-third parties with interest in shopping malls stating that teeth whitening services offered at mall kiosks illegal now the Commission alleged that.
The board’s activities constituted an unlawful restraint of trade under-section of the Sherman Act and thus unfair method of competition under the FTC Act the result of this concerted effort as alleged in the complaint was to deprive consumers of the benefits