Occupational Licensing in Digital Markets

30 Pages Posted: 19 Nov 2020

Date Written: November 11, 2020


This chapter proceeds as follows. Section I begins with the background and recent history of the state action doctrine and its relation to occupational licensure, addressing the recent cases listed above. Section II discusses recent and current litigation involving competitors using the ‘Brother, May I?’ approach to prevent new technology in the digital economy from entering the market. Section III argues that the FTC’s targeted efforts in North Carolina Dental and Teladoc should extend to current issues in the digital economy by narrowing the use of occupational licensure for health services to regulations that actually protect health and safety. Section IV discusses the Commerce Clause implications caused by occupational licensure on new technology in the digital economy. Section V concludes this chapter.

Suggested Citation

Ohlhausen, Maureen, Occupational Licensing in Digital Markets (November 11, 2020). The Global Antitrust Institute Report on the Digital Economy 31, Available at SSRN: https://ssrn.com/abstract=3733750 or http://dx.doi.org/10.2139/ssrn.3733750

Maureen Ohlhausen (Contact Author)

Baker Botts LLP ( email )

Washington, DC
United States

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