UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION

COMMISSIONERS:
Robert Pitofsky
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
Thomas B. Leary

In the Matter of
CALIFORNIA DENTAL ASSOCIATION, a corporation.

ORDER RETURNING MATTER TO ADJUDICATION AND DISMISSING COMPLAINT

Docket No. 9259

In 1996, the Commission issued a Final Order and an Opinion finding that Respondent California Dental Association ("CDA") had violated Section 5 of the Federal Trade Commission Act, 15 U.S.C. 45(a)(1) (1995). In re California Dental Ass'n, 121 F.T.C. 190, 284 (1996). Last year, after various appellate proceedings, the U.S. Court of Appeals for the Ninth Circuit vacated the Commission's Final Order and remanded to the Commission with instruction to dismiss the case. California Dental Ass'n v. F.T.C., 224 F.3d 942 (9th Cir. 2000).

The Commission has now determined not to seek further review by the United States Supreme Court, but instead to return this matter to adjudication and dismiss the complaint. Therefore,

IT IS ORDERED that this matter be, and it hereby is, returned to adjudication, and

IT IS FURTHER ORDERED that the complaint in this matter be, and it hereby is, dismissed.

By the Commission.
Donald S. Clark
Secretary

Issued: February 15, 2001