California Dental Association v. Federal Trade Commission — Breyer, J., concurring in part and dissenting in part

Summary

Justice Breyer concurs with the majority that the FTC has jurisdiction and that the rule‑of‑reason framework applies, but dissents in part, arguing that the Commission’s factual findings are supported by substantial evidence and that the restraints on price and quality advertising unreasonably restrict competition. He contends the Court of Appeals erred in its analysis of anticompetitive effects and pro‑competitive justifications.