Firm Serving as Court Appointed Co-Lead Counsel in Antitrust Action Involving Dental Insurance Company

The Firm is serving as court appointed Co-Lead Counsel in an antitrust action in the Northern District of Illinois (Chicago) alleging that Delta Dental State Insurers (not-for-profit dental services corporations that operate in 39 state or multi-state territories across the United States) engaged in anti-competitive conduct by dividing up the national market between its regional plans, leaving dentists with no choice but to accept unfavorable terms on reimbursements and coverage. The complaint alleges that Delta Dental instituted a coordinated agreement not to compete among the various separate Delta Dental entities and misused its monopsony power in the market for dental insurance across the United States. The complaint asserts that Delta Dental secured this power through its artificial territorial division of that market among the Delta Dental State Insurers and is abusing that power to: (1) restrict competition between the Delta Dental State Insurers when operating under the “Delta Dental” brand; and (2) reduce the amounts of reimbursement paid by the Delta Dental State Insurers to the dentists and dental practices reimbursed by Delta Dental insurance. On September 4, 2020 the Court denied Delta Dental’s motion to dismiss the Consolidated Complaint in its entirety. In so doing, the Court held that the Consolidated Complaint properly pled a violation of Section 1 of the Sherman act (15 USC §1) under both the Per Se and Rule of Reason standards.

The case is In Re Delta Dental Insurance Antitrust Litigation (Docket no. 1:19-cv-06734).