Wiggin and Dana Partner Quoted in Bloomberg BNA Antitrust & Trade Regulation Report

June 30, 2016

Wiggin and Dana Antitrust Partner Robert Langer was quoted in the Bloomberg BNA Antitrust and Trade Regulation Report article, "Georgia Dental Board Faces Treble Damages in Teeth Whitening Suit."

The article discusses Colindres v. Battle, where a teeth whitening business and its owner are allowed to proceed with antitrust claims against the Georgia Board of Dentistry for enforcing rules that make teeth whitening by non-dentists punishable as a felony.

According to the article, Judge Steve C. Jones held that Enlightened Expressions LLC can pursue its treble damages claims under the Sherman Act against the Georgia board and its members, who may end up liable for trebled antitrust damages.

Mr. Langer was quoted in the article saying, "Inherent in the court's decision is the assumption that the board members are not immune because they are indeed active market participants capable of conspiring under Section 1 of the Sherman Act."

He went on to say while "the mere absence of immunity does not necessarily trigger antitrust liability" the two are "bound together."

To read the full article, please click the PDF link below.