FTC Gets Green Light for Antitrust Case Against Realty Board

The Federal Trade Commission won the right to resume its administrative case charging Louisiana’s real estate appraisal board with antitrust violations, when the Fifth Circuit lifted a stay that had blocked the proceedings for more than a year.

The board isn’t covered by “state action” immunity against antitrust claims because the doctrine applies only to government agencies, not to private bodies vested with quasi-regulatory power, Judge Edith H. Jones wrote for the court, citing “the private incentives inherent in their structure.”

Because the FTC didn’t do any harm by denying the immunity bid, the case isn’t subject to appeal until ...