Rediscovering Capture: Antitrust Federalism and the North Carolina Dental Case

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Herbert Hovenkamp, Apr 27, 2015

The North Carolina Dental Examiners case is the second time in two years that the Supreme Court rejected a “state action” defense to an anticompetitive arrangement that had been approved under state law and that very likely visited any competitive harm almost entirely on its own residents. In Phoebe Putney the Court unanimously held that a state statute that permitted two hospitals to m