Antitrust Partner Quoted in Bloomberg BNA's Antitrust & Trade Regulation Report
Wiggin and Dana Antitrust Partner Robert M. Langer was quoted in an article featured in the February 25, 2015 issue of Bloomberg BNA's Antitrust & Trade Regulation Report (ATRR). Mr. Langer has served as a member of the advisory board of ATRR since joining Wiggin and Dana in 1994.
The article, titled, "Lack of Active Supervision by State Dooms Dental Board's Assertion of Parker Immunity," discusses the Supreme Court's recent holding that the North Carolina State Board of Dental Examiners was not immune to federal antitrust laws under the state action doctrine as the Board's actions were not actively supervised by politically accountable government officials.
Mr. Langer reflected on the case, recognizing that the majority could have – and did not – take an easier path to its ultimate decision.
Mr. Langer cautioned that the majority's decision, "has the potential to alter the very nature of state occupational/professional licensing regulation" by requiring active supervision of a board dominated by active market participants by another state official who is not such a participant.
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Reproduced with permission from Antitrust & Trade Regulation Report, 108 ATRR 235 (Feb. 27, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com.