In re Delta Dental Antitrust Litigation

The Firm represents dentists in In re Delta Dental Antitrust Litigation, No. 19-cv-6734 (N.D. Ill.), an antitrust class action 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.  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.  On September 9, 2020, the Honorable Elaine Bucklo denied Defendants’ motion to dismiss Plaintiffs’ complaint in its entirety.