Matt Sawchak Quoted in Bloomberg Article on Pending Antitrust Case

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July 9, 2020

Matt Sawchak commented on a pending federal antitrust case in a recent Bloomberg Law article. The case asks whether a state’s dental board violated antitrust laws when it threatened to bar a teledentistry business, SmileDirectClub, from operating in the state. The dental board’s pending appeal in the case raises important issues about the scope of state-action immunity under the antitrust laws.

Sawchak commented on the involvement of the federal antitrust enforcement agencies, which have filed a brief in the appeal and have participated in oral argument as friends of the court. Sawchak noted that this activity by the federal agencies “is part of a bigger picture: a long-term effort to limit the state-action doctrine.” He also commented on the policies that shape the law in this area: a balance between vigorous competition and health and safety concerns.

Sawchak analyzed the implications of a related case in a Robinson Bradshaw publication, “Pending Case Will Answer Questions on Key Antitrust Immunity.” The Bloomberg Law article is available here.

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