FTC gets mixed ruling from administrative judge in dental supply fight

WASHINGTON (Reuters) – An administrative law judge at the Federal Trade Commission has ruled that Benco Dental Supply Co and Patterson Companies Inc (O:) violated antitrust law by refusing to compete for the business of buying groups but dismissed a complaint against a third company, Henry Schein Inc (O:), the agency said on Wednesday.

The FTC had accused the three companies, the three largest U.S. full-service distributors of supplies ranging from chairs to cement to gloves, of violating antitrust law in February 2018.

Judge Michael Chappell said in a decision dated Tuesday that “complaint Counsel (FTC) has shown that there was an agreement between Benco and Patterson to refuse to offer discounted prices or otherwise negotiate with buying groups. As held below, that agreement unreasonably restrained trade in the full-service dental distribution market in the United States.”

Henry Schein Chief Executive Stanley Bergman welcomed the judge’s decision to sever them from the case, saying: “Henry Schein has always been committed to doing business in an ethical manner wherever we operate.”

Patterson said in a statement that it strongly disagreed with the judge’s decision and was considering an appeal to the full commission.

“(We) believe the facts demonstrate the company’s independent decision-making in a highly competitive industry,” the statement said.

Benco did not immediately respond to a request for comment.

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