New Antitrust Appeal Option Available in Ohio
Published: Aug 09, 2017 by Luther LiggettThe General Assembly passed into law an appeal mechanism for claims of antitrust activity in licensure proceedings before state boards.
House Bill 49 enacted new Revised Code section 107.56 in response to a United States Supreme Court decision that a state dental board engaged in anticompetitive behavior when denying a license to a teeth-whitening business.
In the construction industry, Ohio’s new law applies to the Ohio licensing boards for Architects, Engineers, Landscape Architects, and to the Ohio Construction Industry Licensing Board, among 32 covered agencies.
Any board action excluding present or potential competitors from the occupation or industry regulated by the board or commission can be appealed to the Common Sense Initiative Office overseen by the Lieutenant Governor.
The appeal acts as an automatic stay, as the board or commission shall cease the ongoing action or not take the proposed action until the office has approved of the action.
The Office can reverse the board. If the office disapproves the board’s or commission’s action, the action is void.
If you have questions, please do not hesitate to contact attorney Luther L. Liggett of Graff & McGovern at 614-228-5800, x-6.