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Antitrust -Dental Board Action Violates Antitrust Law (access required)

N.C. State Board of Dental Examiners v. Federal Trade Comm’n A state agency that regulates the practice of dentistry cannot overturn a Federal Trade Commission decision that the agency’s efforts to shut down teeth-whitening services performed by non-dentists constituted unfair competition that violated federal antitrust law; the 4th Circuit rejects the state dentistry board’s petition for review of the FTC order.

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Antitrust – Attempted Monopolization Claim – Insufficient Allegations – Relevant Market – Dangerous Probability of Success – Home Builders (access required)

Downeast Builders & Realty, Inc. v. Essex Homes Southeast, Inc. In its attempted monopolization counterclaim, defendant fails to allege what “identified subclass or submarket of new houses” or what “particularized price point” plaintiff is attempting to monopolize. Furthermore, defendant fails to allege the geographic market it claims plaintiff is attempting to monopolize.

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Antitrust – Real Property – Multiple Listing Services – Anti-Competitive Bylaws – Putative Class Actions (access required)

Robertson v. Sea Pines Real Estate Companies Inc. The 4th Circuit says plaintiff buyers of real estate brokerage services in South Carolina have stated an antitrust claim under the Sherman Act, 15 U.S.C. § 1, with allegations that defendant brokerages that serve as board members of the local multiple listing service conspired to unfairly restrain market competition.

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