CPIL Executive Director Robert C. Fellmeth Quoted in Modern Healthcare on North Carolina Dental Board v. FTC

CPIL Executive Director Robert C. Fellmeth Quoted in Modern Healthcare on North Carolina Dental Board v. FTC

Austin, Texas (May 8, 2015) -- A recent article in Modern Healthcare featured comments from CPIL Executive Director Robert C. Fellmeth on the impact of the U.S. Supreme Court's decision in North Carolina Dental Board v. FTC, which found that federal antitrust law fully applies to decisions of a state occupational licensing board controlled by "active market participants" in the profession regulated by that board.  

The article discusses the potential impact of the decision on a lawsuit filed by telemedicine company Teladoc against the Texas Medical Board over a new rule that requires physicians to either meet with patients in person before treating them remotely or have other providers physically present with patients when treating them remotely for the first time. Teladoc, which uses technology to facilitate patient-doctor visits, alleges the rule violates antitrust laws because it would restrict the company's ability to compete—and as a result raise prices and reduce access to physicians in the state. Twelve of the Texas board's 19 members are practicing doctors, and according to the article, Teladoc alleges that neither the state of Texas nor the state's Legislature actively supervise the board. Among other comments, Fellmeth noted that allowing active market participants to make decisions about competitors presents “naked conflicts of interest.”

Read the full article here.

About Professor Fellmeth

Robert Fellmeth is the Price Professor of Public Interest Law at the University of San Diego School of Law, where he teaches and writes in the areas of children's rights, regulation, antitrust, and consumer law. Professor Fellmeth is also the executive director of both USD’s Center for Public Interest Law and Children's Advocacy Institute.

About the University of San Diego School of Law

Celebrating 60 years of alumni success, the University of San Diego (USD) School of Law is recognized for the excellence of its faculty, depth of its curriculum, and strength of its clinical programs. Each year, USD educates approximately 900 Juris Doctor and graduate law students from throughout the United States and around the world. The law school is best known for its offerings in the areas of business and corporate law, constitutional law, intellectual property, international and comparative law, public interest and taxation.

USD School of Law is one of the 81 law schools elected to the Order of the Coif, a national honor society for law school graduates. The law school’s faculty is a strong group of outstanding scholars and teachers with national and international reputations and currently ranks 23rd worldwide in all-time faculty downloads on the Social Sciences Research Network (SSRN). The school is accredited by the American Bar Association and is a member of the Association of American Law Schools. Founded in 1954, the law school is part of the University of San Diego, a private, nonprofit, independent, Roman Catholic university chartered in 1949.


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