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  • Essay / Dental Examiners V. Federal Trade Commission Case Study

    Dental Examiners discusses cases where state boards, such as the Kansas Board of Accountancy or the Kansas Dental Board, may be subject to antitrust prosecution. The main issue in this case is how to determine when state boards should be immune from such lawsuits. The U.S. Supreme Court ultimately determined that state boards must be actively supervised to receive immunity, a difficult standard to meet and one that few state boards currently meet. With this overview in mind, we can discuss the details of the case. Overview of Dental Examiners Before discussing the United States Supreme Court's opinion in Dental Examiners, an overview of the facts and issues in the case will likely be helpful. Dental Examiners involves a lawsuit filed by the Federal Trade Commission against the North Carolina Dental Board. The Dental Board shut down teeth whitening services in the state performed by non-dentists, and the FTC found their actions violated antitrust law. Dental examiners have paved the way for the U.S. Supreme Court to determine whether state boards are immune from antitrust suits and when such immunity applies. Dental Facts