Supreme Court says ‘open wide’ to North Carolina teeth-whitening business

McClatchy reports:

The Supreme Court on Wednesday effectively rejected North Carolina’s tight control over the lucrative teeth-whitening business.

In a divided decision that polishes their pro-competition credentials, six justices agreed the Federal Trade Commission can charge the dentist-dominated North Carolina State Board of Dental Examiners with “anti-competitive and unfair” actions.

“Active market participants cannot be allowed to regulate their own markets free from antitrust accountability,” Justice Anthony Kennedy wrote.

The court’s 6-3 decision did not, by itself, explicitly cap North Carolina’s actions that restrict teeth-whitening work to dentists. The decision does, however, reject the state board’s argument that it enjoyed immunity from the Federal Trade Commission filing charges.

Federal antitrust law generally prohibits individuals or businesses from collaborating to repel competition. But in a 1943 case involving California raisins, the Supreme Court specified that state-authorized entities could be exempt from the usual antitrust limitations if they pursue a “clearly articulated state policy” and are “actively supervised” by the state.

The struggle against the restraint of trade. Check out who dissented in this case.