Case Overview
On November 26, 2019, the Plaintiff dental service providers’ Consolidated Complaint was filed against Delta Dental State Insurers, DeltaUSA, and Delta Dental Plans Association alleging a coordinated agreement not to compete among the various separate Delta Dental entities and the unlawful misuse of monopsony power in the market for dental insurance throughout the United States. This conduct is alleged to violate the Sherman and the Clayton Acts, which govern antitrust activities.
On March 27, 2020, our class action and many other similar cases were consolidated in the United States District Court for the Northern District of Illinois and are now proceeding before the Honorable Elaine E. Bucklo.
On September 4, 2020, the Court issued an order denying the Defendants' effort to dismiss the Plaintiffs' legal claims, allowing the Plaintiffs’ claims to move forward. You may review the Court's Memorandum Order in the Case Document section below. The case is now entering the discovery phase, wherein the parties will collect and exchange evidence and witness testimony in preparation for trial. We anticipate this activity will last well into 2021.
Plaintiffs allege that Delta Dental secured this power through its artificial territorial division of that market among Delta Dental State Insurers, and is abusing it to: (1) restrict competition between Delta Dental State Insurers when operating under the “Delta Dental” brand; (2) reduce the amounts of reimbursement paid by the Delta Dental State Insurers to the dentists and dental practices reimbursed by Delta Dental insurance; and (3) restrict competition among the Delta Dental State Insurers when operating under non-“Delta Dental” brands.
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