Stuart Gerson Quoted in “Attorneys React to High Court’s State Board Antitrust Ruling”


Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm's Washington, DC, and New York offices, was quoted in Law360, in “Attorneys React to High Court's State Board Antitrust Ruling.” (Read the full version — subscription required.)

Following is an excerpt:

“The North Carolina Dental Board decision has national significance both because it represents continued activism by the FTC in the area of health care and because similar cartel-like actions have been attempted in other states. Recently, in the wake of a litigation-threatening letter from the FTC, the Texas dental board backed off from a rulemaking that would have imposed significant burdens on dental service organizations. The Supreme Court's decision today serves notice on state professional boards composed of competitors that competition restrictive actions won't be shielded by the 'state action' defense and that defensible state action requires active supervision of the regulated entities or persons.”