Teeth whitening may not be "the practice of dentistry." Who knew? On Wednesday, the U.S. Supreme Court declared, 6-3, that the determinations of a state regulatory board can be actionable as antitrust if the board is composed of market participants who are using the power of the state to shut out competition.
The Court's opinion extended the doctrine of state-action antitrust immunity to include state regulatory agencies composed of private market participants. Before this case, it applied only to private bodies granted state regulatory authority, or other private entities effectively engaging in state action.