California Dental Association v. Federal Trade Commission

CYNTHIA HOLCOMB HALL, Circuit Judge:

After affirming our prior judgment in part and reversing in part, the United States Supreme Court remanded this case for a determination of whether the California Dental Association’s advertising restrictions are anticompetitive under rule-of-reason analysis. Having closely examined the record under the rule of reason, we conclude that the Federal Trade Commission failed to prove that the restrictions are anticompetitive. We therefore vacate and remand with instruction that the Commission dismiss its case against the Association.

I

Petitioner, the California…