Publication
Legal Alert – No Federal Antitrust Immunity for Actions by State Regulatory Boards Controlled by Market Participants without Active State Supervision
by Jeremy J. Stewart
Snell & Wilmer Antitrust and Competition Group
The United States has a strong tradition of professional self-regulation, particularly in the learned professions. States frequently delegate regulatory authority to state boards largely comprised of professionals actively regulating their own occupations. Such self-regulating boards generally have enjoyed immunity from Federal antitrust scrutiny under the state-immunity doctrine. However, the Supreme Court’s 2015 decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission will make it more difficult for self-regulating boards to qualify for immunity. A state board controlled by active market participants no longer can invoke state-action antitrust immunity without showing active state supervision.
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Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 17 locations throughout the United States and in Mexico, including Los Angeles, Orange County, Palo Alto and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.
