The Supreme Court Again Considers Scope of the State Action Exemption to Federal Antitrust Enforcement
The Supreme Court heard oral arguments this week in North Carolina Board of Dental Examiners v. Federal Trade Commission, No. 13-534, a case in which the Court will determine whether a state regulatory board, composed primarily of private market participants who are elected to their positions by other market participants, is a private rather than state actor for purposes of the state action exemption to federal antitrust law.