AAI Backs FTC Against Dental Board (Board of Dental Examiners v. FTC)

The AAI filed an amicus brief urging the Fourth Circuit Court of Appeals to uphold the FTC’s determination that the North Carolina State Board of Dental Examiners violated section one of the Sherman Act by using unauthorized means to exclude non-dentists from providing teeth whitening services. In particular AAI supported the FTC’s position that the “active supervision” requirement of the state action defense applies to a state regulatory agency dominated by market participants.

The brief was written by Ryan Marth and Scott Kranz of Robins, Kaplan, Miller & Ciresi, AAI Senior Fellow Peter Carstensen, and AAI Director of Legal Advocacy Rick Brunell.