A round table discussion, sponsored by the Administrative Law, Antitrust and Trade Regulation Section; Consumer Law Section, Federal Practice Section, Health Law Section, Professional Discipline Section and Connecticut Health Lawyer Section of the CBA will be led by Attorney David P. Atkins on May 19
In North Carolina State Board of Dental Examiners v. Federal Trade Commission (2015), the U.S. Supreme Court held that members of a state professional licensing board or tribunal who are “active participants” in the same “market” as the professionals they regulate do not automatically enjoy stateaction immunity from antitrust damages actions. Instead, immunity for licensing boards and their members will now attach only if the body in question both: (1) acts pursuant to, and in conformance with, a clearly articulated state policy; and (2) is “actively supervised” by the state.