Delta Dental Antitrust Litigation
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 antitrust laws. On September 4, 2020, Judge Elaine Bucklo issued an order denying the defendants' motion to dismiss the complaint.
Since then, the parties have conducted a large volume of discovery, including production of documents, fact depositions, and expert depositions. Plaintiffs have recently filed for Class Certification and Appointment of Class Counsel and expect expert discovery and summary judgement to be concluded in 2025.
Plaintiffs allege that Delta Dental secured its market power through the artificial territorial division of the 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.
Practice Areas
