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Antitrust

Guide to: F.T.C. v. Indiana Federation of Dentists, 476 U.S. 447 (1986)

What was the question before the court?

What did the insurers want to see that the dentists wanted to withhold?

What did Dr. David McClure say was the motive behind withholding the x-rays?

What was the antitrust "smoking gun" in his speech?

What was the agreement in the 1979 deal with the FTC?
(Note - while the agreement was signed in 1979, it was being worked out years earlier.)

What did the dissenters call themselves to avoid antitrust liability?

While was not critical to the violation, why did such a small group have market power?

What did the FTC charge defendants with?

Who were the conspirators?

What was the state policy defense concerning dental x-rays?

Why did the 7th cir vacate the order?

What did the Supreme Court find was the sole basis of the FTC's ruling?

What were the relevant factual findings?

Why did the appeals court reject finding that competition was supressed?

What potential "per se" violation that the FTC could have used?

What is the rule of reason analysis, and why does the FTC prevail under this analysis as well?

Why does the FTC not need to show marker power?

What was the "quality of care" defense?

Why does the court reject this defense?

What was the state policy that they defendants relied on?

Would this be a defense even if it were illegal?

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