Does the FTC Have Authority Over Nonprofit Professional Associations?
A case now before the U.S. Supreme Court centers on this crucial question.
PETER M. SFIKAS, J.D.
In its recent case before the U.S. Supreme Court, the CaliforniaDental Association presented two argumentsthat the FederalTrade Commission does not have jurisdiction over nonprofit professionalassociations and that, even if it does, the cursory standardof review the FTC used to determine whether there was an antitrustviolation was not proper. This, the first part of a two-partseries, will focus on the jurisdictional argument. The secondpart of the argument will be reviewed in next monthscolumn.