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Antitrust Keyed to Gavil, 5th Ed.
North Carolina State Board of Dental Examiners v. Federal Trade Commission
Citation:
574 U.S. 494, 135 S. Ct. 1101, 191 L.Ed.2d 35 (2015)Facts
The North Carolina State Board of Dental Examiners is a state agency created to regulate dentistry, with six of its eight members being licensed dentists elected by other dentists. In the 1990s, dentists in North Carolina began offering teeth whitening services, charging relatively high prices. By 2003, non-dentists entered the market, offering the same services at lower prices. Dentists began complaining to the Board, primarily about the low prices rather than consumer harm. The Board responded by opening an investigation and subsequently issuing at least 47 cease-and-desist letters to non-dentist teeth whitening providers, warning that teeth whitening constituted the “practice of dentistry” and that unlicensed practice was a crime. The Board also persuaded the North Carolina Board of Cosmetic Art Examiners to warn cosmetologists against providing teeth whitening services and sent letters to mall operators advising them to expel kiosk teeth whiteners. These actions successfully drove non-dentists from the teeth whitening market in North Carolina.
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